The treasured two stripes on the test and the conclusion of the gynecologist confirming pregnancy are not only joy in the family, but also the appearance of a mass of various questions related to monetary compensation to the expectant mother. The main question is what payments are required by law for maternity leave and what pregnant women need to know about their rights.
First you need to realize that the generally accepted term "maternity leave", by which we mean the fact that a woman does not work for some time because of caring for a child, is completely absent from the law. Therefore, in order to understand how the decree is paid, you need to know that this whole long period, starting from the 30th week of pregnancy and ending with the child reaching the age of 3, is divided into several parts, each of which is funded separately.
What is maternity leave?
To begin, let's divide the "decree" into two parts:
- stay on sick leave, related to pregnancy, childbirth and the postpartum period;
- care for the baby from the moment of birth to the age of 3 years.
The first part is regulated by Federal Law No. 255 of the Russian Federation “On Compulsory Social Security. insurance for temporary incapacity for work and in connection with motherhood ”, which clearly states when to rely on sick leave and how long it can last. But the questions about how much they pay on maternity leave are explained by Order of the Ministry of Health and Social Development of the Russian Federation No. 1012n dated 12/23/2009, which is called "The Procedure and Conditions for Appointment and Payment of State Benefits to Citizens with Children."
To whom they give him
Based on these, as well as some other legislative acts, each working woman receives the right to receive benefits for BR (pregnancy and childbirth). At the same time, the length of employment does not affect the fact of receipt of payment in any way, but only its size.
It is also worth knowing that some payments “on maternity leave” can be received not only by the mother, but also the father or grandmother (grandfather) of the baby. Of course, this applies only to that part of the payments that rely on caring for the baby, as well as a one-time cash benefit at birth. But father, of course, will not be able to receive cash payments for pregnancy and childbirth, therefore if the expectant mother does not work, then there will be no one to receive such a benefit, since it is assigned only to insured (officially employed) women.
However, in some cases, women who do not have an official job may receive such benefits, for example:
- ladies engaged in self-employment (IP) can receive payment for pre- and postpartum sick leave if they voluntarily paid contributions to the Social Insurance Fund for at least 6 months, and the amount of the benefit will depend on the size of the payments;
- women whose dismissal is associated with the liquidation (reorganization) of an enterprise and registered with the employment center may receive a minimum allowance (515.32 rubles) every month for a year;
- students of the inpatient department, regardless of the form of education (paid / free), are entitled to pay sick leave at the place of study.
But in the case when the expectant mother does not work and is not registered with the CH, maternity payments are not carried out.
When to go on maternity leave
The term of maternity leave is also divided into 2 parts: before and after childbirth, and in the first and second case it can be different. To find out how many days of a prenatal sick leave is right for you, a visit to a doctor will help:
- 70 calendar days you are entitled in the event that the pregnancy is one-fetus;
- if at the ultrasound you were pleased with twins, triplets, etc., then your antenatal sick leave will be 84 days;
The law provides that if childbirth occurs a little earlier than the expected date, unused sick days are postponed to the postpartum period (add to it).
The term of maternity leave in the postpartum period will also help determine the conclusion of the gynecologist:
- at the birth (without complications) of one child - 70 days;
- if the birth took place with a burden (pathology) - 86 days;
- with the simultaneous birth of 2 or more babies (multiple pregnancy), your sick leave will be 110 days (calendar).
How to arrange
In order for payments in the decree to be made without delay, they must be properly executed. To do this, you need to know some subtleties:
- the sick leave is issued by a medical institution in which the pregnant woman is registered, and is provided at the place of work;
- if during the last period the expectant mother has changed several places of work, payments will be made at the place of the last employment, and you may need a certificate stating that the accrual and issue of benefits were not previously made;
- if the company was liquidated (reorganized) and as a result of this a pregnant woman lost her job, she should register at the employment center as soon as possible, while the payment of pre- and postnatal benefits will be carried out by the social security department;
- if for some reason the employer cannot make payments, you must contact the insurance company, the name of which is indicated in the compulsory medical insurance policy;
- Well, of course, you need to write a statement about the need to assign benefits.
Based on all of the above, the company issues an order in form T-6 “On the provision of maternity leave”. If later it turns out that the birth was complicated, and therefore the sick leave must be extended, the young mother will have to write a statement again and submit a certificate confirming such a right.
Seniority on maternity leave. Rules and payment procedure
Another rather popular question: "Maternity leave is part of the work experience?" The answer here is unequivocal - included. Since a vacation to a pregnant woman in the pre- and postpartum period is regarded as a regular sick leave of a long duration, it is mandatory to include it in the general work experience .
On the other hand, we can say that maternity leave is part of the experience. This is due to that part of it, which one of the parents relies on to care for a baby who has not reached a certain age. So, the Federal Law No. 11 “On labor pensions” suggests that the total length of service (insurance) includes the period of care for each child who has not reached one and a half years, but in total this period cannot exceed three years. This means that if, for example, a married couple has three children, then leave for the care of the first and second children up to one and a half years will be counted in the experience of mother, but the time spent with the third baby will not go there. In this case, dad (grandparents) can take advantage of their right and take out leave to care for themselves.
Maternity payments - calculate correctly
You can calculate how much you pay on maternity leave on your own, you just need to know some features:
D = Sz x Do
- D - maternity;
- Sz - average daily earnings;
- Up to the number of days of vacation due to a woman.
In order to calculate the average daily earnings, you need to use the following formula:
Sz = Sum / 730 - Cd
- Sum - the total amount of payments for 2 years preceding the moment of accrual of benefits;
- 730 - count - in calendar days for this period, sometimes it can be 731 if one is involved in the calculation of a leap year ;
- Cd - the number of days that are not taken into account in the calculation, for example, the time spent on sick leave.
If the expectant mother lives in regions where minimum wages are provided, the calculations need to be slightly adjusted:
D = Sz x Coef minimum wage x To
Maternity minimum pay for unemployed
Regardless of what wages the expectant mother received, the minimum amount of “maternity” cannot be calculated from an amount lower than the minimum wage. Thus, the smallest amount of relying maternity leave can be calculated by the formula:
Dm = (5 965 x 12/365) x Do
- Dm - the minimum size of the hospital for pregnancy and childbirth;
- 5 965 RUR - minimum wage in 2015;
- To - the number of sick days (maternity).
It is also important to know how much unemployed people are paid on maternity leave. Unfortunately, not at all. The fact is that maternity payments are made by the Social Insurance Fund on the basis of deductions paid by the employer from the wages of the future mother. Accordingly, there are no deductions - there are no maternity payments.
A few nuances
As you can already see, maternity leave registration and the correct calculation of benefits are not easy, especially since there are some nuances:
- if a woman during the two years preceding the moment of maternity leave worked (officially) for two or more employers, then accrual of maternity benefits is made by each of them independently of each other;
- if at the time of making the payment you are already on leave to care for the baby up to 1.5 or 3 years (from one decree to another), then you can replace one or both years used to calculate the allowance with the previous ones (before the first decree) .
Payments for childcare up to 1.5 years
Now let's talk about how the decree is paid, or rather, leave to care for a baby up to 1.5 years of age. This type of allowance is assigned to all mothers (fathers), regardless of the availability of official employment. The size of such an allowance is 40% of the average monthly income, but cannot be less than 2718 rubles at the birth of a first child or 5436 rubles for a second and subsequent children.
Allowance for children under 3 years of age
Maternity leave of up to 3 years also involves the payment of cash benefits, but their size is much smaller compared to all previous ones. Such a benefit is paid at the place of employment of one of the parents and depends on the presence (and number) of other children in the family, as well as on the average level of remuneration in the region.
So how much do you pay on maternity leave for children under 3 years old? Initially, the amount is only fifty (50) rubles per month. Then it is multiplied by the “regional coefficient” - an individual parameter for each locality, which you can find out by visiting local governments. This ratio may be quite high. And then an insignificant 50 p. turn into a very tangible 2000 p., as, for example, in Moscow.