Socially oriented states, to which the Russian Federation belongs, take care of the demographic situation in the country. One of the manifestations of such a state concern for its citizens is to provide them with guaranteed social benefits aimed at increasing the birth rate.
The so-called maternity allowances (officially - maternity allowance ) allow expecting mothers to receive minimal financial support from the state in the last stages of gestation. Who pays maternity: the state or the employer? These and other questions should concern future women in labor.
Given the serious psychological and physical stress of the last months of pregnancy and subsequent births for expectant mothers, they should first study the issues governing the financial provision of maternity leave. What do you need to pay attention to?
Maternity leave
In the last stages of pregnancy, according to the legislation of the Russian Federation, officially employed expectant mothers can apply for leave due to pregnancy and childbirth. It is worth focusing on the word “may”, that is, this right is not mandatory: a woman may not go on such leave at her discretion.
If a woman decides to take such a vacation, she will receive a maternity allowance. If she does not plan to leave her workplace until the time of the birth itself, then such a benefit is not drawn up at this stage, and she continues to receive her salary.
Who can claim maternity allowance?
Maternity benefits are paid not only to officially employed women who transfer contributions to the Social Insurance Fund of the Russian Federation. This circle is much wider. Maternity law is also allowed to be received:
- dismissed in connection with the liquidation of the enterprise and registered with the employment service;
- full-time students;
- contracted servicemen;
- adoptive parents.
Who makes maternity payments?
Who pays maternity - the state or the employer? This issue should be addressed in more detail.
Maternity benefits are among the insured events handled by the Social Insurance Fund of the Russian Federation. A separate topic may be the issue of maternity under 3 years. But initially, attention is paid to payments in connection with pregnancy and childbirth.
According to the legislation of Russia, each employer is required to make contributions to this fund. In the performance of their duties by the employer, expectant mothers will not have problems in paying 100% of the average earnings from the Social Insurance Fund. If a woman has officially worked for several employers before the decree for at least two years, each of them must carry out the calculations of her maternity.
Features of payment of maternity
It would seem that in the previous section we managed to determine the subject of maternity payments. However, not everything is so simple. Given the reform of social insurance in Russia since 2011, there are two options for making maternity benefits.
The regional branches participating in the pilot project of the Social Insurance Fund: Karachay-Cherkess, Astrakhan, Kurgan, Nizhny Novgorod, Novgorod, Novosibirsk, Tambov, Khabarovsk, pay maternity benefits directly to women on maternity leave. The FSS, the payment of which maternity is carried out directly, transfers funds to the woman’s card or to the address of the post office at her place of registration. The calculation of the size of maternity benefits is carried out by the employer.
The remaining regions continue to practice maternity benefits in the following mode: employer - pregnant woman - Social Insurance Fund. In such a scheme, maternity benefits from the Social Insurance Fund are paid to the employer, who pays them to his employee. More precisely, offsets are made: next year, his contributions to the Social Insurance Fund are reduced by the amount of maternity benefits paid by the employer.
Maternity allowance payments
Formally employed women, when entering maternity leave, can rely on maternity payments in the amount of 100% of their average monthly wage for the last two years of employment. If a woman after a previous decree has not worked for two years, then it is necessary to take an earlier period of her earnings. There are established payment thresholds that are reviewed annually. So, in 2016, the minimum threshold for payments is 28555 rubles, and the maximum - 248164 rubles.
Making a decree, where to start?
Making maternity leave primarily involves contacting a woman in a medical consultation at 30 weeks of gestation (with multiple pregnancy - at 28 weeks of gestation) in order to obtain a sick leave due to temporary disability. You must also take a certificate of early registration (up to 12 weeks) for medical records in connection with pregnancy, which will allow you to receive a lump sum payment in the Social Insurance Fund.
A sick leave (maternity leave will be issued only if available) is the official basis for issuing an order on leave due to pregnancy and childbirth in a mandatory tandem with a statement about the need to provide such leave. The statement must be written by the woman with her own hand.
If a woman in labor over the previous two years has been officially employed in only one place, then this is an exhaustive list of documents for submission. In the case of official employment of a woman in several places, she will need to provide certificates of her income from other places of work.
After the employer issues the order on the provision of leave in connection with pregnancy and childbirth, the employee must be acquainted with him. This will be evidenced by her personal signature.
When are payments made?
Within ten days from the moment a woman goes on vacation, she must be calculated and accrued benefits. The payment of such benefits by the employer is carried out simultaneously with the payment of subsequent wages.
If the subject of the maternity allowance is the Social Insurance Fund, then it must be settled no later than the twenty-sixth of the month following the month the Fund receives the package of documents of the pregnant woman.
In any of the above options, the payment of benefits should be made at a time, payment in installments is not allowed. In case of violation, it is necessary to inform the state regulatory authorities: the prosecutor's office and the Social Insurance Fund.
The term for the provision of maternity leave
The length of maternity leave for women depends on several factors. Traditionally, a woman can count on 70 calendar days before birth and 70 calendar days after them. However, if pregnancy involves multiple pregnancy, antenatal leave is increased to 84 calendar days.
In addition, not all births pass the same way: depending on the complexity of the process, the period of postpartum leave may increase. That is, if the child was born with complications, as the corresponding diagnosis on the sick leave from the maternity hospital should indicate, then postpartum leave is increased to 86 days.
If more than one child was born, more than that - vacation increases to 110 calendar days.
Thus, the minimum leave in connection with pregnancy and childbirth is 140 calendar days, and the maximum is 194 calendar days.
What you need to know a woman who plans to go on maternity leave?
Intending to give birth to a baby, the responsible mother should have an idea of the main issues requiring attention before the birth of the baby. It is worth paying attention to the following nuances:
- Maternity leave shall be granted on the basis of an order from the employer, which is issued if there is a sick leave issued by the medical consultation at 30 (28) weeks of pregnancy, and the woman’s application.
- The minimum maternity leave is 140 calendar days, the maximum is 194 days.
- Maternity benefits are paid based on average earnings for the last 2 years.
- Who pays maternity: the state or the employer? Both options are possible, depending on the region in which the mackerel lives. The Social Insurance Fund pays maternity leave only in regions where a pilot project for social insurance reform is being implemented.
- The minimum amount of maternity allowance in 2016 is 28555 rubles, and the maximum - 248164 rubles.
Do not forget about registration for up to 12 weeks in a medical institution. Otherwise, payments to the pregnant woman will not be made. It does not matter who pays maternity, the state or the employer.