Calculation and payment of maternity benefits for housing and communal services employees. What is included in the calculation of maternity leave? What payments are due?

The financial issue during pregnancy is one of the most pressing and important, because when planning purchases for the baby, it is important to know the amount that parents should expect. It should be noted right away that our legislation does not imply such a thing as “maternity leave”; a more correct definition would be “maternity leave”, followed by “maternity leave for up to three years”.

It is not difficult to independently determine the amount of benefits paid to working and non-working mothers. This payment is made by the employer; for non-working mothers, maternity benefits will be issued by the territorial social protection authority.

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Registration of maternity leave

First, let's look at the question of how such leave is arranged for a woman who has a permanent place of work. The exact day from which a pregnant woman can be sent on vacation is calculated by the doctor leading the pregnancy, based on the obstetric gestational age. In advance of this day, the woman should issue a sick leave certificate, which indicates the duration of her maternity leave. If such a document is not provided, the employer may absolutely legally refuse to pay the woman a monetary payment. You should also apply for leave at your workplace.

How to fill out the application correctly?

In general, there is no strictly established template for such a statement; it is written in free form.

The header must indicate:

  • Full legal name of your organization;
  • In whose name the document is drawn up (position, full name);
  • Position and full name of the applicant.

Further, after the title of the document (“Application”), the essence of the request is stated with the obligatory indication of the period of leave and a request for payment of maternity benefits. At the end, you must indicate the date of preparation of the document and put the signature of the applicant.

How is the duration of maternity leave determined?

In a normal pregnancy and in the absence of special conditions, maternity leave is 140 days, this period is usually divided in half - 70 prenatal days and the same amount after birth. If desired, the woman can agree with the doctor to postpone the day of going on vacation, while the total number of vacation days will be maintained with a corresponding change in the time interval after the birth.

Changing the duration of maternity leave is made in several cases. These include:

  • Multiple pregnancy – 84/110 (total 194 days);
  • Occurrence of complications during childbirth – 70/86 (156 days);
  • When a pregnant employee lives in an area exposed to radioactive contamination and contamination 90/70 (total 160 days).

Formula for calculating maternity benefits

The specified benefit is accrued to a woman in the amount of her average daily income for the billing period, multiplied by the number of vacation days. The billing period is the two previous calendar years.

The basic rules for calculating maternity pay are as follows:

  • For those receiving the payment this year, its amount will be calculated from the average income of the employee for the period from the beginning of 2013 to the end of 2014;
  • When changing several jobs over a given period of time, a woman must obtain a certificate of income from each organization, otherwise this earnings simply will not be taken into account when calculating benefits;
  • In the case of combining several jobs, a woman can receive a cash benefit from each organization (of course, upon provision of all required documents). An exception is the case of internal combination of responsibilities within one company. By the way, the payment of the subsequent monthly child care allowance in this case is provided only from one workplace, at the woman’s choice.
  • To calculate the benefit amount, you need to add up all income for 2013-14. The total earnings for this period are divided by the number of days of this period (the default value is 730 days). This method calculates the average daily income. This number must be multiplied by the number of days written on the sick leave (from 140 to 194 days).
  • If a woman was on vacation for some time during the billing period, took sick leave, was on maternity leave, or did not officially work with contributions to the Social Insurance Fund, the total number of days of temporary disability should be subtracted from 730 days, and the total earnings should be divided by the number of days actually worked by the woman on maternity leave.

It is not difficult to independently calculate the amount of cash payment if you have information about the amount of taxable earnings from all places of work for the two previous calendar years. However, it should be remembered that if the employment is unofficial and there are no tax deductions from earnings, this amount will not be taken into account when calculating maternity pay.

Minimum and maximum threshold for maternity benefits

Any payment provided for by Russian legislation always has its own threshold of maximum and minimum value. Maternity benefits are no exception; they also have their own maximum permissible limits.

The minimum maternity benefit is provided for those:

  • Whose work experience for the billing period is less than six months;
  • Whose average earnings per working day of the billing period are less than the maximum permissible value (in 2014, this amount was 182 rubles 60 kopecks).

That is, if a woman received a small salary during the billing period, the amount of her benefit will be calculated from the established minimum wage and will be 182.6 * 140 = 25,564 rubles.

For those whose salary over the last two years was, on the contrary, above average, a maximum permissible value was also established. In 2015, this amount should not exceed 1,479 rubles 45 kopecks per day, which means that with the standard duration of maternity leave of 140 days, the largest benefit amount is 207,123 rubles. For multiple pregnancies, the maximum amount will be 1479.45*194=287013 rubles.

Terms and procedure for maternity payments

Benefits are accrued within ten working days after the woman submits documents for leave. Funds are paid on the next day of payment of wages. In case of delay in payment, the woman can recover it from the employer through the court.

Maternity benefits are accrued not from the organization’s personal funds, but from the Social Insurance Fund; moreover, the transfer of this amount within up to ten working days is provided for by law, so the employer is obliged to accrue the payment in a timely manner. In case of malicious violation of the deadlines for issuing benefits, you should go to court. This obliges the employer to pay not only maternity benefits, but also financial compensation in the amount determined by the court.

Maternity pay from a tax point of view

State legislation strictly stipulates that all benefits, except subsidies for temporary disability, are exempt from taxation. Accordingly, withholding personal income tax is contrary to the laws of our country.

Payments due to a woman from the organization after leaving maternity leave

Upon completion of one hundred and forty days of vacation, the woman immediately goes on maternity leave. At the same time, payments from the organization for working women, or from social security authorities for non-working women, are:

  • Until the baby reaches one and a half years of age - forty percent of the current average earnings for the billing period for working women. For unemployed people or those who have been working for less than six months, the amount of the benefit will be minimal; this year it is 2,718 rubles 34 kopecks (if the child born is the only one in the family) or 5,436 rubles 67 kopecks (if there is more than one child in the family);
  • Further, the monthly benefit paid by social protection until the child reaches the age of three is 50 rubles, multiplied by the regional coefficient. The exact amount of this benefit can be found in the regional social protection authority, since it will be different for each territorial entity.

Calculation of benefits upon dismissal of a maternity leaver

In some cases, unusual situations arise at an enterprise related to the dismissal of a pregnant woman. At the same time, you should remember the main rule - the employer cannot fire a pregnant employee on his own initiative. Termination of the employment relationship is possible only by the employee herself. Moreover, the availability of monetary payment depends on the period in which the dismissal was made:

  • If an employee is dismissed before the sick leave is issued (standardly before the 30th week of pregnancy), the employer is released from the obligation to pay the woman who resigned on her own initiative;
  • possible only in case of liquidation of the enterprise. Then the dismissed woman must receive both maternity benefits and financial compensation in case of unused vacation period for the entire time she worked in the organization, as well as severance pay. Its size will be equal to the average monthly earnings of a woman.
  • If an employee quits on her own initiative after maternity leave, further payments for child care are made by the social security authority.

Thus, to independently calculate maternity pay, you should obtain accurate information from all places of work about your full earnings for the previous two calendar years. Accordingly, the larger this amount was, the larger the maternity payment will be. Therefore, a big advantage when calculating benefits will be official employment with deductions to the Social Insurance Fund for the entire billing period, as well as a high level of wages.

By the way, not only the future mother of the baby, but also the father or any other relative can go on maternity leave and receive benefits. Often, families in which the woman is not officially employed do this in order to receive not the minimum payment from social security, but a fuller amount of benefits, depending on the average earnings of the relative who took maternity leave. In this case, the payment amount will be higher.

It is important for employers to understand how maternity benefits are paid. The calculation process and compliance with the requirements prescribed by law are the basis for 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 must understand what the benefits they are entitled to consist of and where to receive them. During pregnancy and subsequent care for a newborn, additional financial support will not be superfluous, and knowing your rights will protect you from dishonest employers.

Maternity leave: what is it?

Very often, the word “maternity leave” means completely different concepts. In this article it is used to refer to maternity leave. In most cases, the word “maternity leave” is used to refer to the period of motherhood (from the birth of a child until he reaches the age of three). For women “in a position,” the law provides for two types of payments: maternity benefits (hereinafter in the article – the BR benefit) and child care benefits (hereinafter – the SD benefit). They correspond to the types of recreation that are enshrined in Articles 255 and 256 of the Labor Code (hereinafter referred to in the article as the Code). Understanding the essence of these payments will help you navigate the calculations more easily.

Who does the law reserve the right to receive benefits?

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

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

In addition to maternity payments, which are given to pregnant women in a lump sum, there is also the possibility of financial support in the period until the child turns one and a half years old. In this case, the law expands the circle of persons who can claim funds. The following have the right to receive UR ​​benefits:

  • citizens of the Russian Federation, including those who live in the territory of other countries in connection with official duties (with prior agreement of the parties on the fact of payments),
  • foreigners, refugees and stateless persons, provided that they permanently reside in the country,
  • persons without citizenship or foreigners who are in the territory of the Russian Federation temporarily, subject to compulsory insurance.

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

What determines the amount of payments due?

The amount of maternity leave depends on two factors - the duration 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 main rest periods that a pregnant woman can take advantage of. The minimum number of days is 140 (if one child is expected, the process is without complications), the maximum is 194 (multiple pregnancy 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 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 changed. For a vacation that lasts 140 days, the maximum amount of maternity leave is now 228,603.2 rubles, the average daily earnings is 1,632.88 rubles. equal to 27,455.34 rubles, average daily earnings - 196.11 rubles.

The amount 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 is worth noting that the amount of 50 rubles is paid every month until the age of three and is also compensation (paid by employers or social security). Unemployed family members, students and those who have been laid off can receive benefits from the social security department. Its size is:

  • 2,718 rubles – for the first child,
  • 5,437 rubles – for each additional person,
  • 10,873 rubles is the maximum payment if there are several children under one and a half years of age.

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

Procedure for paying benefits to a woman who does not work

For a non-working woman, the law also guarantees a benefit in the amount of 14,497.80 rubles (lump sum at birth). Women are entitled to receive a monthly allowance (the amount depends on the region) if they meet the following conditions:

  • undergo full-time training at higher, vocational or secondary technical educational institutions,
  • are registered with the Employment Service (Employment Service) as persons who have lost their jobs due to downsizing or liquidation of the company, or termination of the activities of individual entrepreneurs.

The process of applying for benefits for this category of women begins with an application to the place of registration or study with a request for the required payments. Among the documents required to provide:

  • 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

Work leave is included in the total length of service and continuous work experience, as well as in the length of service in the specialty. The exception is cases when the old-age insurance pension is assigned earlier than the established time (early assignment). BR leave must also be included in the length of service. Confirmation of the information provided can be found in Article 256 of the Code.

The insurance period - the length of time a woman has worked under an employment contract - affects the amount of payment, but not the very fact of providing funds. A pregnant woman must receive the financial support she is entitled to. By law, employees whose work experience is less than six months receive a BR benefit in the amount of no more than the minimum wage established for 2015 (5,965 rubles - introduced on January 1, 2015). In this case, the total must also take into account regional coefficients (the minimum wage is used taking them into account, part 3 of article 11 and part 6 of article 7 of 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 a pregnant woman was employed in several places of work (in addition to the main one there was a part-time job), then payments (BR benefits) are calculated for her in each organization. Thus, a woman can receive an amount exceeding the maximum threshold. This is not prohibited by law. The BR benefit is issued in a lump sum and in full on the next payday (dividing the amount by month is prohibited).

Since 2015, an important condition for receiving benefits under the SD is its registration before the child reaches the age of two. In this case, the funds due will be paid for the entire period. Simultaneous receipt of unemployment benefits and UR benefits is not allowed. You must choose one of them. If the terms of leave for BR and UR coincide, a woman must decide which benefit she will receive (only one is allowed).

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 under the UR can be received after the completion of the vacation under the BR. The period for processing documents by the employer or the social security department is 10 days. After this, the money must be transferred on the due date for payment of the salary. Social Security pays benefits through a bank (to an account, bank transfer only) or Russian Post (transfer). SD benefits 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 benefit for March will be paid in April along with the salary for March).

Can a husband receive maternity benefits? In a situation where a woman does not work and her husband provides for the family, the law also provides for certain payments. Maternity leave is not included among them for objective reasons. BR benefits are paid only to insured women performing work under employment contracts. At the same time, the father can receive UR ​​benefits on a monthly basis.

About the rules for registering 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 retention of position and financial support. Employers or the state are obliged to pay benefits to 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 benefits are paid is important for both employees and employers. Comprehensive information will allow the manager to quickly resolve all issues regarding benefits and temporary replacement for a pregnant woman. Women will be able to understand the basic principles of going on leave, receiving benefits and further interaction with the employer.

In 2019, the minimum amount of maternity benefits for a normal pregnancy from one employer will increase to 52 thousand rubles, and the maximum will exceed 301 thousand rubles. (with a vacation of 140 days). You can read how to calculate maternity benefits in 2019 and write an application in this article (with examples). Personal income tax is not withheld from pregnancy payments.

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

Maternity benefits

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

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

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

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

Amount of maternity leave in 2019

The amount of maternity payments cannot be less than 52 thousand and more than 301 thousand rubles for 140 days of vacation. Let us explain: the amount of the benefit is calculated by multiplying the woman’s average daily earnings by the number of vacation days, while

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

The law states that we divide by 730 (regardless of whether the periods fall on a leap year), i.e. when going on maternity leave in 2019, the maximum amount of average daily earnings will be (755,000+815,000)/730 = 2,150.68 rubles. To calculate max. size of the payment, the resulting amount should be multiplied by the number of vacation days. To calculate, you can use the maternity benefits calculator.

A woman with less than six months of insurance coverage is paid maternity benefits in the amount of the minimum wage (minimum wage) for every month of vacation. Since January 2019, the minimum wage has been 11,280 rubles. The insurance period includes all periods during which a citizen was subject to compulsory social insurance in case of temporary disability and in connection with maternity.

Recipient categories

Dismissed due to liquidation organizations, maternity benefits are set at 632.76 rubles per month. To do this, you must register with the employment center within 12 months from the date of dismissal.

Pay attention!
The specified benefit amount is indexed not from the beginning of 2019, but from February 1st.

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

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

Necessary documents for applying for maternity benefits:

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

Deadlines for applying for and paying maternity benefits

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

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

Having a child always requires material costs.

The state took care of working women preparing to become mothers. They are protected socially and can receive maternity leave even before the birth.

But what about unemployed expectant mothers? Do unemployed people pay maternity leave?

The procedure for paying various maternity benefits is regulated by Federal Law No. 255 of December 29, 2006.

In accordance with Art. 2 The following have the right to maternity benefits:

As you can see, nothing is stipulated in the law about non-working mothers. Consequently, these categories of persons are not provided with maternity leave.

This is explained by the fact that the so-called maternity payments are characterized as compensation for earnings that the expectant mother does not receive due to maternity leave. But a non-working woman does not have such income.

The exceptions are:

  1. Expectant mothers who were forced to quit due to the liquidation of their employer.
  2. Unemployed female students of inpatient departments of educational institutions. They receive a stipend benefit regardless of whether they pay for their education or not.

Thus, maternity benefits are not provided to non-working mothers. However, the state has provided other benefits for non-working mothers.

Regardless of employment, every pregnant citizen of the Russian Federation has the right to social benefits. She is entitled to various types of benefits for childbirth and child care.

The legislation provides for several forms of support for families. Moreover, if previously child care benefits were not paid to unemployed mothers, today absolutely all categories of mothers can count on social payments.

After the birth of a child, parents have the right to receive 2 types of benefits, which are paid on different conditions:

  • child care allowance for up to one and a half years;
  • regional child benefit.

Regional benefits are assigned and paid in all regions of Russia according to different rules and in different amounts.

There are several types of social support:

  1. The one-time payment for the birth of a baby in 2019 is 16,350.33 rubles.
  2. Monthly support for the first child up to one and a half years old is 3065.69 rubles. For the birth of a second child, the benefit is 6,131.37 rubles monthly.

At the birth of a baby, a previously unemployed mother will be offered a choice of 2 options for receiving financial payments:

  1. Further transfers of unemployment money
  2. Replacing unemployment payments with child care benefits.

Important! From 01.01. In 2010, a rule was introduced stating that in order to receive a monthly allowance for child care up to 1.5 years old and regional payments, a non-working mother must be registered in the same place as the child.

The law of the Russian Federation allows low-income families, where the woman works informally or does not work at all, to receive food for the baby from the dairy kitchen at the birth of a child until the child reaches 2 years of age.

If there is no dairy kitchen near the family’s place of residence, the social security service is obliged to assign regular payments to the family in the form of monetary compensation equal to the cost of food. The amount of such compensation is set at the regional level.

Needy families who are below the poverty line and whose parents are not employed are entitled to payments for the maintenance and upbringing of minor children.

The size of these payments depends on the number of children. Such support is provided if the income received for each family member does not reach the official subsistence level.

In addition, the amount of state support depends on the region of residence of the family and, as a rule, is about 300 rubles per month for each child. Thus, a mother with two children will additionally receive about 600 rubles per month.

Payments also apply to adult children who study in vocational, higher or secondary technical educational institutions. Mothers make monthly payments for them until the child completes his studies.

If a family has an unemployed mother and an employed father, then only the mother has the right to claim benefits for caring for a newborn.

This benefit is intended only for the family member caring for the child. By default, these duties are assumed to be performed by a non-working family member.

If the mother is not working, the working father is also not entitled to leave to care for the baby.

Unemployed pregnant women often ask the question: “Will I be able to get maternity benefits if I get pregnant and don’t work?”

The answer will be: “In this case, payments are due, but not all and in a smaller amount than for employed citizens.”

According to the law, non-working women are not entitled to maternity leave (with the exception of those women who were fired during the liquidation of an enterprise and students).

Unemployed expectant mothers are only entitled to receive child benefits, which are accrued after the birth of the child.

To obtain maternity benefits, a non-working mother must contact the social security authorities at her place of registration. She needs to prepare a package of documents confirming her right to use government assistance.

Here's what you need for this:

After 10 days from the date of submission of the application and documents, employees of the social protection department must decide whether to accrue benefits to the pregnant woman.

To obtain financial support from the state for a newborn, an unemployed woman must also contact the social security service and provide the following set of documents:

Making payments and accruing state support to pregnant women and mothers is strictly regulated by law.

The Social Security Service considers awarding the woman payments and benefits within 10 days after accepting the application and accompanying documents.

If the woman’s application is satisfied, transfers will be made every month no later than the 26th. Money can be transferred by mail or transferred to a bank account.

Of course, the amount of payments to unemployed pregnant women and mothers with children is very small.

However, this assistance is sometimes the only financial protection for stay-at-home mothers.

In November 1917, the Council of People's Commissars of the RSFSR adopted the Decree “On Maternity Benefits.” Since then, the period when a woman prepares for motherhood and cares for a newborn is popularly called maternity leave, or maternity leave.

From a legal point of view, the decree is divided into:

  1. Maternity leave (can only be taken by the expectant mother).
  2. Parental leave (can be taken by a father or, for example, a grandmother).

Both are provided and paid only if the work is official and the employer makes contributions to the Social Security Fund.

During maternity leave, the woman retains her place of work.

How long is maternity leave?

The expectant mother needs to prepare for childbirth, and caring for a newborn requires a lot of time and effort. As a measure of social support, the state guarantees working women the right to maternity leave (Maternity Leave).

Maternity leave consists of the prenatal and postnatal periods. The expected date of birth is determined by the gynecologist. The doctor also prescribes sick leave for pregnancy and childbirth.

Usually people go on maternity leave in the 30th week, and the corresponding vacation is 140 days.

In some cases, a woman may go on maternity leave earlier, then its duration will be longer.

When adopting a woman, she is given only the postnatal part of the leave under the BiR - 70 days for one child and 110 for two or more.

To extend the postpartum part of the leave under the BiR, you need to take out another sick leave and write a statement to the employer.

Is it possible to further extend maternity leave?

Regular leave can be added to the B&R leave. According to Article 260 of the Labor Code of the Russian Federation, planned leave can be taken:
  • before going on maternity leave (up to 30 weeks of pregnancy);
  • after the end of the vacation according to the BiR (after 140 days);
  • after the end of maternity leave.

It does not matter whether the woman worked for the organization for six months and what date she was assigned to on the vacation schedule.

How to apply for maternity leave?

To go on maternity leave, you need to write an application addressed to the director.

Your full name should be indicated in the header of the application. and the position of the manager, as well as the name of the addressee. The text should include a request to provide leave for employment and labor (indicating the dates on the basis of sick leave) and accrue the required benefits. At the end there is a signature with a transcript and the date. A certificate of incapacity for work must be attached to the document.

Based on the application, the organization issues an order to grant maternity leave. The woman meets him under his signature. And within 10 days she receives maternity benefits.

How is maternity leave paid?

When a woman goes on maternity leave, she receives an appropriate allowance.
Maternity benefits are paid at a time and in total for all days of vacation.

Maternity benefit (PPBiR) is 100% of average earnings for the two years preceding maternity leave. It is calculated using the following formula:

PPBiR = income 2 years before maternity leave / 730 or 731 days × number of days of maternity leave.

At the same time, the average earnings should not exceed the maximum established by law: in 2015 this amount was 670,000 rubles, in 2016 - 718,000 rubles. In addition, sick leave, personal leave, time off and other periods during which insurance premiums were not accrued to the employee are excluded from the total number of days in a two-year period.

You can calculate your maternity benefit using the calculator on the Social Insurance Fund website. Since maternity benefits are accrued on the basis of sick leave, the calculation is carried out as for paying for a certificate of incapacity for work.

What other payments and benefits are entitled to mothers?

In addition to maternity benefits, a woman has the right to count on several more benefits (plus maternity capital at the birth of her second child and subsequent ones).
  1. The allowance for early registration is 613 rubles (as of February 2017). It is paid along with the BiR benefit if the woman consulted a doctor before 12 weeks of pregnancy and wrote a corresponding statement to the employer.
  2. Child birth benefit - 16,350 rubles (as of February 2017). Paid as a lump sum to one parent. If the mother applies, she must write an application, attach the child’s birth certificate and a certificate that the father did not use the benefit.
  3. Childcare benefits for children up to one and a half years old in the amount of 40% of average earnings.

Who can take parental leave?

At the end of the BiR leave, a woman can take maternity leave or. In the latter case, parental leave can be taken out by a father, grandmother or another relative who will look after the baby. They may receive benefits.
Parental leave can last until the child is 3 years old, but only the first 1.5 years are paid.

For the period from 1.5 to 3 years, monthly compensation is paid - 50 rubles.

The algorithm for calculating child care benefits (CCA) is approximately the following:

PPUR = income 2 years before maternity leave / 730 or 731 days × 30.4 × 40%.

In this case, the same restrictions apply as when calculating the B&R benefit.

You can apply for child care benefits within 6 months from the moment the child turns one and a half years old. The right to it remains, even if you go to work part-time or take a job.

How to apply for parental leave?

To go on parental leave and receive the appropriate benefits, you need to write an application to the employer and attach to it:
  • birth (adoption) certificate of the child;
  • a certificate stating that the second parent or neither parent receives PPUR;
  • a certificate of income from your previous place of work (if it has changed in the last two years);
  • a certificate from the place of part-time employment stating that the PPUR was not accrued there (if the employee is a part-time worker).

Can a woman on maternity leave be fired?

According to Article 261 of the Labor Code of the Russian Federation, an employer cannot terminate an employment contract with a pregnant woman and a woman on maternity leave.

A woman on maternity leave cannot be fired, even if the employment relationship was temporary: a fixed-term employment contract is extended until the end of the labor and employment leave.

An exception is the liquidation of an organization. But even if the company fails, the mother will be able to receive the benefits due to her through the social security authorities.