255-FZ of December 29, 2006 regulates relations in the field of material support for women in the postpartum period and other needy persons on sick leave. The regulatory act establishes the circle of citizens with the right to cash payments. Consider the main provisions of the document.
Action specifics
Law 255-FZ defines:
- Types of material support.
- Obligations and legal possibilities of subjects of law.
- Sizes, procedure, conditions for the provision of material support.
The normative act " On compulsory social insurance in case of temporary incapacity for work and in connection with motherhood" does not apply to relations regarding money transfers to citizens who are unable to perform professional tasks due to work-related injuries or occupational diseases. There are a number of exceptions to this rule. They are determined by the provisions of Articles 12-15 of the act in question, to the extent not inconsistent with the Federal Law No. 125.
Subject of regulation
The normative act " On compulsory social insurance for temporary incapacity for work and in connection with motherhood" defines situations in which entities can rely on material support. The document provides primarily a definition of risk. It refers to a temporary loss of earnings or other income, compensation to a citizen due to the occurrence of an insured event. The risks are also equivalent to the costs incurred by the subject or his relatives if it is impossible to perform their professional tasks in accordance with the job description.
When does material support depend?
Temporary disability benefits are paid when:
- Inability to carry out work due to injury or illness. An exception is the receipt of an industrial injury or occupational disease, as well as other circumstances specified in Section 5 of the regulatory act in question.
- Pregnancy and childbirth.
- Care for minors up to 1.5 years.
- The birth of children (baby).
- The death of a subject or minor family member.
Types of collateral
These include payments:
- Women who are registered with health facilities in early pregnancy.
- At the birth of a baby. This material assistance is provided at a time.
- Maternity.
- Child care. This assistance is provided monthly for 1.5 years.
- Due to the temporary inability to perform professional tasks.
- For burial.
The sizes, conditions, and procedure for providing security are established by regulatory acts No. 81 of May 19, 1995, No. 8 of January 12. 1996, as well as Federal Law 255-FZ.
Subjects of law
Law 255-FZ applies to:
- Persons performing professional duties in accordance with the contract.
- State civil, municipal employees.
- Members of production cooperatives, if they personally take part in their activities.
- Priests.
- Persons sentenced to imprisonment and involved in paid work.
- Subjects replacing government posts at the federal, regional level, as well as residing in municipal posts on an ongoing basis.
Changes
Consider some of the provisions of 255-FZ in the new edition of 2016. Adjustments to the regulatory act were made several times. The changes, in particular, related to the procedure for calculating the amount of payments for caring for minors, R&D, as well as for temporary disability. The rules are established by article 14 of the normative act in question. In 2016, the amendments introduced by Federal Law No. 213 dated July 24, 2009 are in force. This article determines that the average citizen's earnings are used in the calculation of amounts. It, in turn, is established for 2 years (calendar) that preceded the period of disability, leave associated with the antenatal and labor periods, as well as care for the young. The term includes all periods of professional activity, even if it was conducted at other enterprises.
A comment
Federal Law 255 provides these rules only for situations in which the subject of law, who has worked in different organizations for the previous two years, receives collateral at one enterprise. If he is accrued amounts in each institution in which he is in the state, the average earnings are not taken into account. If in both or in one of the two calendar years a citizen was on maternity leave or pregnancy / childbirth leave, the corresponding periods can be replaced for calculation, provided that this operation will lead to an increase in the amount of security. For this, the person concerned writes a written statement.
Calculation of the average salary
In the new edition of 2016, 255- establishes that all amounts transferred in favor of a citizen are included in earnings. Moreover, they must be deducted contributions to the FSS, FFOMS, PFR. Amounts sent to these funds up to December 31 are taken into account. 2016. When determining the average earnings, deductions established by the Tax Code may also be taken into account. The latter provision will be enforced from Jan 1. 2017. The scheme for calculating earnings is defined as follows. The amount of the calculated salary for the one established in the first part of article 14 is divided by the number of calendar days in it. In this case, days that relate to periods are excluded from the calculation:
- Temporary disability, stay on leave to care for minors, BiR.
- Employee exemption from professional activities with partial / full preservation of earnings. Moreover, contributions to funds should not be charged on the indicated amounts during this time.
Maternity Benefit Calculator
First of all, it should be said that until 2013, 2 methods of calculation were used. Currently, the determination of the amount is carried out in one way. The following information is entered into the maternity allowance calculator:
- Duration of vacation. It depends on the number of children and the presence / absence of complications. 140 days are set for a single, unproblematic pregnancy, 156 for a problematic and 194 for a multiple.
- Earnings for 2 years. As mentioned above, this period is the years preceding the period of going on vacation. At the same time, the date of the hospital, and not the birth, is of importance. Only a full year can be taken into account - from January 1 to December 31. The amount of earnings is taken full, without deduction of personal income tax.
- Settlement days. Their number is 730 or 731 (depending on whether the period is a leap year or not). From the number of days it should be deducted: the term of the illness, leave for B&R or care for the young, as well as the period of exemption from the performance of professional duties with the preservation of the salary and without deduction of contributions to the funds.
One nuance should be noted here. No other periods may reduce the number of billing days. So, if a woman worked directly for only 1 year for 2 years, and the rest of the time she was unemployed, the number 730 (731) will be used in determining the amount.
Calculation Formulas
Law 255-FZ establishes the following calculation rules. To determine the amount of daily support in case of loss of ability to perform professional duties, BiR average earnings are multiplied by the coefficient established by Art. 7 and 11.2. The following formula is used to calculate the monthly amount. When determining it, it is necessary to calculate the average value of earnings. It is calculated by multiplying the daily payment by 30.4. It, in turn, is determined by the rules of article 14 (parts 3.1 and 3.2). The amount of the monthly child care payment is calculated by multiplying the average earnings by a coefficient, in accordance with Art. 11.2.
Bets
Law 255-FZ sets the coefficients in Art. 7 and 11.2. Calculation of amounts in case of loss of ability to perform professional tasks due to injury or illness is carried out using interest rates on average earnings. They are set depending on the duration of the insurance period:
- 8 years or more - 100%.
- 5-8 years - 80%.
- Up to 5 years - 60%.
The exception is situations when an injury or illness occurred within a month from the date of termination of employment. In these cases, a rate of 60% of the average salary is used.
Care for a sick child
In the case of outpatient treatment during the first 10 days (calendar), the amount is calculated in accordance with the rates specified in article 7 (part 1), at a rate of 50% on the following days. When a child is in the hospital, the order of the first part of article 7 is used. Similar rules apply in cases of the need to care for a sick relative, except for children under 15 years of age, with outpatient treatment.
Monthly security
Child care allowance is charged at 40% of the average earnings. In this case, the amount of the resulting amount should not be lower than established by regulatory enactments for persons with children. When caring for two or more minors who have reached 1.5 years, the amount of security is added up. Moreover, its value cannot be more than 100% of the average citizen's earnings, established in accordance with Art. 14. When calculating the monthly amounts for the second and subsequent children, the previous minors, including those adopted, are taken into account. The exception is cases when, in relation to the latter, the mother is deprived of parental rights.