At the time of expectation of a baby, a sense of security and financial stability is important for a woman. In Russia, the state legally supports a pregnant woman by providing paid rest. The article covers the following questions:

• Legislative norms for issuing a decree.
• How to accurately and profitably draw up a disability bulletin.
• Terms and amounts of payment for the newsletter.
• To whom is the disability certificate extended?
• Decree form:
  1. idle;
  2. part-time workers;
  3. students;
  4. individual entrepreneurs (IP);
  5. military personnel;
  6. adoptive parents;
  7. women without a residence permit or citizenship.

• How to leave one decree for the second.
• Other payments to pregnant women and those who gave birth.
• Features of registration of maternity leave.

Legislative standards

Control over the execution of maternity leave and sick leave for pregnancy and childbirth is established by laws:

• The Labor Code of the Russian Federation guarantees the right of pregnant women to apply for and pay for maternity leave: articles,.
• The federal law "On State Benefits to Citizens with Children" determines the types of subsidies for the birth of children: articles 6-12.
• The federal law "On compulsory social insurance in case of temporary disability and in connection with motherhood" guarantees a woman insurance in the event of maternity: Articles 10-11.
• The order of the Ministry of Health and Social Development of the Russian Federation “On approval of the procedure and conditions for the appointment and payment of state benefits to citizens with children” regulates the procedure and procedure for establishing maternity benefits: articles 1-30, 60-67, 79-87.

Right to Decree

Maternity payments provide:

• Russians living in our country;
• foreigners living in Russia on a permanent basis, as well as refugees and stateless women;
• foreigners with a temporary residence permit, while officially working and insured by the employer in case of disability and maternity;
• military personnel, employees of the Department of Internal Affairs, the Ministry of Internal Affairs, customs and other state bodies, as well as civilian personnel of military units located abroad.

Maternity leave is issued:

• working in accordance with labor laws;
• employees;
• individual entrepreneurs (IP);
• students and students of professional educational organizations of the day department;
• unemployed women who fell under the liquidation of the enterprise.

IMPORTANT

Non-working women who are not registered at the employment center, as well as Russian citizens who have gone abroad for permanent residence, are deprived of the right to apply for and receive sick leave for pregnancy and childbirth.

Who issues the Maternity Bulletin?

At 30 weeks of pregnancy, an insured event begins, which is the reason for the issuance of a certificate of incapacity for work. The sick leave certificate for pregnancy and childbirth is obtained at the selected gynecological clinic or, in the absence of one, from a general practitioner or paramedic.

You don't even need to register for this. The doctor does not oblige a woman to undergo specialized procedures for pregnancy, for example, to take tests or do an ultrasound scan. This is guaranteed by the Federal Law "On the Basics of Protecting the Health of Citizens in the Russian Federation", which states that medical intervention occurs only with the written permission of the patient. No law provides for mandatory medical procedures for the issuance of a birth and pregnancy bulletin.

Attention

A woman in position has the right to visit a antenatal clinic once, where the doctor is obliged to issue a sick leave certificate at 30 weeks of pregnancy. It is enough to provide a passport and a compulsory medical insurance policy to the selected medical organization.

How many days is sick leave for pregnancy and childbirth valid?

The specifics of pregnancy and childbirth	Number of days of the decree		Whole vacation, days
	Before giving birth	After childbirth
Standard delivery		70
Childbirth premature (22-30 weeks)
Complicated childbirth
Multiple pregnancy detected in childbirth
Birth of 2 or more children		110

The question of the duration of the sick leave due to childbirth is determined by the characteristics of the course of pregnancy. When are supposed normal childbirth, the disability form is at 30 weeks of pregnancy lasting 140 days, which are divided into 70 days before delivery and 70 days after.

When expecting several babies, the bulletin is issued at 28 weeks of pregnancy with a duration of 194 days, 84 days of them before delivery and 110 days after. Sometimes multiple pregnancy is found only during childbirth, in which case the disability certificate for the woman in labor is extended by 54 days.

For your information

If preterm delivery occurs at 22-30 weeks, a 156-day bulletin is issued on the day of delivery.

Women living in areas contaminated by radiation disasters at the Chernobyl nuclear power plant and the Mayak plant receive 90 days of prenatal leave.

A woman who has adopted a child no older than 3 months draws up a decree for a maximum of 70 days (110 days, if 2 or more children are adopted) starting from the moment the child (children) is born.

In case of stillbirth or death of the baby after childbirth, no one deprives the patient.

In case of abortion, induced delivery for medical reasons and other terminations of pregnancy in the period up to 21 weeks, a standard bulletin is issued for at least three days and is payable as a regular sick leave for disability.

In a situation of complicated childbirth, the period of incapacity for work is extended by 16 days or by 40 days if two or more children are born.

Additional Information

The decision to extend the sick leave for pregnancy and childbirth is taken by a medical commission consisting of the chief physician, the attending physician and, if necessary, narrow specialists.

Vacation days are accrued in total, regardless of the day on which the birth took place.

filling

• Information on the sick leave for pregnancy and childbirth is recorded only in the cells.
• Filling in each line starts from the first cell.
• Words are written in Russian in large block letters.
• Signs are written inside the cells.
• You can only write with a black capillary, fountain or gel pen.
• If an error or blot is made, the sick leave for pregnancy and childbirth is considered invalid and must be replaced.

The presented sample will help to control important points.

1. When the sick leave was issued.
2. disability factor ( maternity leave) - code number 5.
3. Probable date of birth.
4. Mark (tick) on the registration of pregnancy at an early stage.
5. The period of incapacity for work, suppose 140 days with a simple pregnancy, starting from the moment of delivery of the sick leave.
6. Surname and position of the doctor who draws up the sick leave.
7. Date when the employee is required to return to work or take parental leave.

At whose expense is the decree paid?

Every woman employed in accordance with the Labor Code, including those who are imprisoned, is insured by the employer in the Social Insurance Fund (FSS), where the company's accounting department monthly transfers cash insurance premiums. Consequently, for working women, sick leave for pregnancy and childbirth is paid by the Social Insurance Fund.

Individual entrepreneurs, members of peasant farms, as well as notaries, lawyers and other citizens whose activities require licensing, can independently insure themselves with the Social Insurance Fund, regularly pay contributions and claim maternity payments to the Social Insurance Fund.

If the listed women have not voluntarily insured with the FSS, they are deprived of the right to maternity payments.

Students in professional institutions, laid-off employees of liquidated enterprises, the military, working in the Ministry of Emergency Situations, the Department of Internal Affairs, the Ministry of Internal Affairs and other employees receive maternity payments from the state budget.

The amount of the maternity allowance for adoptive parents depends on the status (employed, employee, student, etc.).

Required documents for registration and payment terms

The working girl gives the employer the original form of the sick leave for pregnancy and childbirth and informs in writing about her desire to go on a planned maternity leave.

Attention

The form for writing an application is free, the main thing is to indicate the period of the decree and the number of the disability document.

Application option:

After registering the application and the disability form, the director issues an order to grant maternity leave and to calculate benefits.

Individual entrepreneurs, representatives of peasant farms, as well as citizens whose activities are subject to licensing (notaries, lawyers), hand over to the FSS a copy of their passport, a ballot and a written request for the appointment of maternity benefits. The right to the decree belongs to those who are insured with the FSS for at least a year.

Students in professional institutions, the military, working in the Ministry of Emergency Situations, the Department of Internal Affairs, the Ministry of Internal Affairs and other employees provide a copy of the passport, a certificate of pregnancy from the antenatal clinic and an application to the rector (head) of the educational (service) institution.

Officially unemployed, dismissed from liquidated enterprises, transfer to the district social protection department a copy of the passport, a ballot, a notarized copy work book and written confirmation from the employment department of registration as unemployed.

The specified application and copies of documents certified by a notary can be sent by mail, as well as in electronic form. A trusted person authorized in the presence of a notary to represent a pregnant woman in the authorities has the right to transfer documentation for maternity leave.

After providing a sick leave for pregnancy and an application to working women, students, military personnel, employees and individual entrepreneurs, payments are accrued no later than 10 calendar days.

The transfer of benefits to the officially unemployed takes place before the 26th day of the next month after the registration of the submitted documents.

How to calculate sick pay?

For a working woman, sick leave payments are calculated taking into account regional coefficients based on 100% of the average earnings of all employers for the last two full calendar years before the year of maternity leave (from January 1 of one year to December 31 of the second). The insurance period before going on maternity leave must be at least 6 months.

Example:

Secretary Yu.R. The period for calculation is 2015-2016. To calculate the payment, add up the amounts of salaries from January 1, 2015 to December 31, 2016, divide by 730 days (two years), and multiply the resulting figure of the average daily earnings by the number of days of the decree.

For 2015-2016 Sokolova Yu.R. received income in the amount of 495,000 rubles.

495,000 rubles / 730 days = 678.08 rubles is the average daily income of an employee.

678.08 rubles * 140 days = 94,931.51 rubles.

We multiply by the coefficient of the Tomsk region.

94,931.51 rubles * 1.3 \u003d 123,410.96 rubles will be received by an employee.

According to paragraph 1 of Art. 217 of the Tax Code of the Russian Federation, social insurance contributions and taxes on maternity benefits are not levied. Therefore, payments will be calculated according to 100% of the average earnings before taxes.

If the sick leave for pregnancy and childbirth is waived, the girl, if desired, continues to work and receives an appropriate salary. A woman can go on maternity leave on any day according to the deadline set by law. The end date of the decree remains unchanged, and the girl will receive payments, in this case, exclusively for the days of vacation used.

Example:

The doctor gave Secretary Sokolova 30 weeks of pregnancy from July 12, 2017, but the patient refused to leave, continued to work and decided to go on maternity leave 22 days later, from August 3, 2017. This is the legal right of the employee, but the end date of maternity leave will not change - November 28, 2017. From which it follows that the length of the vacation was reduced to 118 days.

678.08 rubles (average daily earnings) * 118 days * 1.3 ( district coefficient) = 104,017.47 rubles.

Such options are suitable for those workers whose real income is higher than the salary of the last 2 years before the decree. Doctors recommend using maternity leave in its entirety to relax and tune in to a successful birth.

With good health, some pregnant women want to continue working on maternity leave. The question arises: is it possible to formally receive maternity leave and benefits and continue to work and receive a salary?

For your information

According to labor law, a woman cannot be on maternity leave and receive a salary at the same time. It is unacceptable, along with the payroll, to introduce a sick leave into the design. It is documented impossible to make payment for the same days. And even if this happens, when checking the documents of the employer, the FSS will fine. Therefore, a woman needs to decide: go on vacation or continue to work.

Sick leave payments to a working woman cannot be less than the minimum wage for each month of the decree.

Minimum wage from 01.07. 2017 is 7,800 rubles, for 140 days of the decree, the employee will receive 35,921.20 rubles.

The minimum wage in 2018 is planned to be increased to 9,489 rubles, in this case, maternity payments will amount to 43,699.60 rubles for 140 days of vacation.

The maximum allowable amount of payments for maternity leave in 2017-2018 cannot exceed 266,191.80 rubles for 140 days.

If a woman's average earnings in terms of 140 days is more than the amount of the maximum possible payments, the benefits will in any case not exceed the maximum.

Table for calculating the minimum and maximum allowable amounts of payments for 2017-2018.

If future mom works in combined positions with one director, regular maternity leave is issued. Income from different positions is summed up and considered as one.

Combining positions with different employers, a woman is charged separate payments, taking into account the average salary in each organization. The grant is received in two ways:

1. from the head of the main work, to whom the employee transfers information about the accrued wages from other employers;
2. or each of the insurers separately, implying the amount of earnings for 2 years.

A woman can apply for payments under the decree within 6 months from the date of receipt of the pregnancy and childbirth bulletin.

An additional bonus is the ability to take regular paid leave before or after the decree, which is guaranteed by Art. 260 of the Labor Code of the Russian Federation . The experience of the girl at the current place of work does not matter. You can go on a regular vacation, and then, without delay, on maternity leave.

From Decree to Decree

A young mother who is on parental leave may have a second pregnancy. In this case, there is a choice: stay on vacation or go on maternity leave. The second option, of course, will be more profitable from a material point of view, since social help on maternity leave is 100% of the average income, while payments for a child under 1.5 years old are 40% of the average salary.

Knowing the calculation algorithm, it is not difficult to calculate the amount of the allowance of the second decree. At first glance, sick pay for pregnancy and childbirth should be paid according to the minimum wage, because for the last two full calendar years a woman had no income at all or it was insignificant.

However, since 2011, the state has provided a woman with the opportunity to choose the period in which she was insured. If in the insurance years the woman was on maternity leave or parental leave, then, at the request of the applicant, it is possible to choose for the calculation the years that were favorable for her, in which she received a high salary. You can replace the billing period only with years that precede the years of no income.

IMPORTANT

At the same time, the employer himself is obliged to offer the woman a more advantageous option for her to calculate the allowance, since, upon verification, the FSS will fine you for choosing a loss-making period for the woman to calculate the decree.

Example:

Secretary Sokolova Yu.R. issued a second decree on July 12, 2017. In the accounting years, she was on her first maternity leave and parental leave, which began on January 20, 2015. Accordingly, the insurance period for the billing period 2015-2016 amounted to 20 days. The employee has the right to choose these years for calculating the allowance, but in January 2015 she received a small salary, so Sokolova chose 2014-2015 for the calculation, where the income amounted to 263,000 rubles.

263,000 rubles / 385 days of the insurance period (365 for 2014 and 20 days for 2015) * 140 days of vacation * district coefficient 1.3 = 124,327.27 rubles.

If a woman leaves the second decree for the third, the calculation of benefits occurs, as in the previous decree. A future mother of many children can choose the same years that are the most advantageous for her financially.

Similarly, a woman can take maternity leave from maternity leave several times, give birth to many children, and receive vacation pay for each.

Calculation of maternity payments for other citizens

Women serving in the military, customs, firefighting services, police department and other federal bodies receive maternity leave in the amount of the average monetary allowance for the previous 12 months that precede the month of the occurrence of the insured event.

Pupils and female students of full-time departments of vocational educational institutions are credited with a sick leave allowance for pregnancy in the amount of the scholarship received. If a student studies at a commercial department or does not receive a scholarship due to poor academic performance, then the payments will be based on the standard scholarship.

Maternity allowance will be received and non-working women, registered with the employment center, who, within 12 months before receiving a sick leave certificate for pregnancy and childbirth:

• stopped individual entrepreneurship;
• have lost the status of a lawyer, notary or other position whose professional activity subject to licensing.

What other financial assistance do pregnant women receive?

• Women in labor who are registered at the antenatal clinic before 12 weeks of pregnancy receive a one-time allowance, which in 2017 amounted to 613.14 rubles. This allowance, along with maternity payments, is calculated by the employer on the basis of a doctor's certificate.
• A one-time allowance at the birth (adoption) of a child can be received by both the mother and the father of the baby. In 2017, the payment amounted to 16,350.33 rubles. To apply for benefits, you must provide the employer with a copy of the child's birth certificate, a birth certificate presented at the registry office, and a certificate from the spouse's place of work stating that he did not apply for benefits at his work.

If twins are born, then a one-time allowance is issued for each child.

• Many Russian cities have their own regional payments. You can ask about the availability of financial assistance during the expectation and birth of a baby in social security.

On the basis of paragraph 2 of paragraph 1 of Art. 11 of the Federal Law "On labor pensions" maternity leave is counted in the total length of service, which is important for the formation of a future pension.

Thus, issuing a sick leave for pregnancy and childbirth in our country is a strict procedure, which guarantees the protection of motherhood from the state.

The maternity allowance (M&B) is generally equal to the average earnings. In this regard, the calculation is carried out only for working women and military personnel (paid in the amount of monetary allowance). For non-working mothers (dismissed on reduction, students), the amount of payment is equal to a fixed amount established by law for each year, taking into account annual indexation.

The B&D manual is lump sum payment . In addition to the amount of earnings, several other factors influence the final amount of the benefit: the duration of the sick leave according to BiR, the number of non-working days for the billing period due to temporary disability, and other components.

The procedure for calculating maternity sick leave and B&R benefits is regulated by Federal Law No. 255-FZ of December 29, 2006. "On compulsory social insurance in case of temporary disability and in connection with motherhood".

The procedure for calculating sick leave for pregnancy and childbirth

In 2020, the principle of calculating maternity benefits has not changed compared to previous years. The calculation is still the same. for the previous two calendar years, however, compared to previous periods, the following values ​​​​change:

• billing period— in 2020 it is 2018-2019.
• the minimum amount of payment - due to the increase in the minimum wage from January 1, 2020;
• the maximum amount of the benefit - based on the change in the base for calculating insurance premiums in the FSS.

The amount of the payment is determined by a simple formula after the provision of a certificate of incapacity for work (sick leave) for pregnancy and childbirth to the accounting department. If a woman works part-time for at least two years, the allowance for each job is calculated separately and independently of each other.

Formula for determining the amount of payments

The amount of maternity benefit (P) can be calculated using the following formula:

P \u003d SDZ × T,

• SDZ- average daily earnings for the billing period (calculated using an additional formula);
• T- the number of days of maternity leave (taken from the sick leave provided at the destination of the payment - that is, the employer).

To calculate benefits, it is important to correctly determine average daily earnings(SDZ). It is equal to:

SDZ \u003d SZ / Dn,

• NW- total earnings for the entire billing period, when calculated in 2020 - the average salary for 2018 and 2019, from which the employer paid insurance premiums (i.e., the entire "white" salary, which is taken by the employer from the 2-personal income tax form) ;
• day- the number of calendar days in the billing period.

The billing period is always taken equal to two full calendar years prior to going on maternity leave.

• Its duration Days = 730 days in the general case, and 731 days if one of the calculation years turns out to be a leap year (for those who are going on vacation in BiR in 2020, the calculation years will be 2018 and 2019 - they are not leap years, which means that the calculation period will be 730 days).
• From this value, if necessary, it is necessary to subtract the number of days on sick leave for the specified years and in the previous decree, if any (the so-called "exception periods").
• During this period, it takes into account total income of SZ.

Attention

If necessary, a woman can replace one or both years with earlier ones (for example, 2017), provided that her average earnings increase after the replacement. Replacement is allowed only if the woman was on maternity leave and/or parental leave in at least one of the previous two calendar years.

The influence of a woman's insurance experience

The duration of the insurance experience of a woman in itself does not affect the amount of benefits. Even if the expectant mother worked under an employment contract for only a few days before going on maternity leave, she will receive an allowance for BiR from the insurance premiums paid for previous years of work (or rather, from the equivalent “white” salary received by them).

The amount of the benefit does not depend on the insurance period of the employee (unlike other payments for temporary disability) - but only on the condition that seniority more than six months.

• At insurance experience up to 6 months maternity pay is accrued in the amount 100% average salary.
• With an experience of less than 6 months, the B&R benefit will be calculated based on the minimum wage(12130 rubles from 01/01/2020).

For foreign citizens who work in Russian companies, the BiR allowance and other social benefits are accrued in the same way under the legislation of the Russian Federation.

How many sick days are paid

According to Russian law, depending on the characteristics of the course of pregnancy and childbirth, maternity sick leave can last:

• 140 days - at normal course pregnancy (based on 70 days before and 70 days after childbirth);
• 156 days - in case of complications during childbirth (70 - before and 86 - after, a second sick leave is issued for 16 additional days);
• 194 days - with multiple pregnancy (84 days before delivery and 110 - after).

When leaving on maternity leave, all sick days are paid at a time - from the first to the last. According to the law, after the end of the decree, a woman can immediately go on parental leave. If a woman is in no hurry to go on maternity leave and continues to work after a period of 30 weeks of pregnancy, then her allowance will be calculated in a reduced amount.

It is a fairly compact tool. On the tab "Requisites LN"(meaning sick leave) you need to fill in the following columns:

• Dates of sick leave (from what date to what date).
• In the graph "Type of Disability" choose "Pregnancy and childbirth".
• If necessary, check the box next to "Statement of the employee on the change of years of accounting for earnings"(the column is used for those cases when the employee had no earnings or it was small for the billing years due to the previous decree).

On the tab "Conditions of calculation" also fill in the required fields. For parameter "Experience" several values ​​\u200b\u200bare given here, because using the same calculator, ordinary sick leave is also calculated (for example, sick leave for caring for a sick child). You need to specify the most appropriate value seniority.

Attention

After carefully filling in all the fields, you can click the button "Calculate". If the initial information was entered correctly, then the amount of the payment will correspond to what the accounting department at the enterprise calculated (also, as a rule, using specialized programs).

An example of calculating maternity benefits in 2020

Practical examples will help you understand the intricacies of calculating benefits, calculating the average salary and deducting days spent on sick leave.

Here it should be said in advance that out of the two settlement years, the woman did not work at all for some time, then earnings are taken into account only for the time actually worked.
Photo pixabay.com

From average earnings

Regardless of the date from which a woman goes on maternity leave in 2020, she will receive benefits in the same size. Consider an example.

For example, employee N. went on her first maternity leave in 2018. The calculation years for calculating the BiR allowance were 2016 and 2017.

Attention

When leaving for the second decree from unfinished parental leave in 2020, she had to use 2018 and 2019 as settlement years, however, during this period of time she had no income, in addition to maternity benefits. How to be in this situation?

When moving from maternity leave to maternity leave for the previous two years, a woman usually has no earnings. The periods of being in the previous decree are excluded - during this period of time, the mother does not receive anything. In order to increase the estimated earnings, a woman is given the right to replace one or both of the calculated years.

Then N. can do the following:

• submit an application at the place of work to terminate parental leave;
• immediately write an application for granting her maternity leave (if she has a sick leave on hand);
• the payment for BiR will be calculated by N. also using 2016 and 2017, as for the first decree (after all, only in these years she had earnings from all previous years);
• maternity allowance is calculated according to the usual principle (see examples above);
• when calculating the amount of the monthly payment for child care (40% of salary) after the end of maternity sick leave, 2016-2017 will also be used again.

Conclusion

The calculation of the maternity allowance is made based on sick leave filled in by the doctor of the antenatal clinic. The amount of the benefit is equal to 100% of the average salary for the previous two calendar years. This takes into account the number of days spent on sick leave over the years, and other data.

Attention

The B&D allowance is calculated for all women working under an employment contract. Other categories of persons (mothers dismissed due to the liquidation of the organization, or students) are paid according to other rules - in a fixed amount.

The calculated allowance in 2020 cannot be less minimum value- 55830.60 rubles. 140 sick days. If, according to the calculation, the payment is more than the possible maximum in 2020 (322,191.80 rubles for the same length of sick leave), then the benefit is reduced to this maximum.

With a small salary or experience less than 6 months. the B&D benefit is calculated based on the size of the current minimum wage. A woman, whose earnings for the accounting years were insignificant due to being on a previous decree, is allowed to change the years for those during which her wages were accrued.

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Sick leave for pregnancy and childbirth (BiR) is due to those women who are registered and are preparing for childbirth, for the entire period of their disability. The design process has its own peculiarities and subtleties, which will be revealed in this article.

Basic moments

The Labor Code of the Russian Federation fully regulates the issues of access to for all. To go on vacation, you need to hand over a certificate of incapacity for work. This document not only grants her the right to rest to prepare for and recover from childbirth, with the help of a sick leave, she declares her right to receive.

Is sick leave due if a woman is on parental leave

Being on parental leave does not deprive you of the right to receive sick leave. And if during the period of caring for a child, a woman re-registers for pregnancy, then she can apply for sick leave.

In this case, it happens to be drawn up on the same grounds and in the same sequence as when going on vacation from work. And this means that upon reaching the 30-week gestation period, a woman can receive a disability certificate and take it to work.

It should be noted here that although a woman is entitled to sick leave, it will be calculated on the basis of her average monthly earnings for the last 2 years. At the same time, the woman's first maternity leave will be officially canceled and a second one will be granted. And the amount of payments will be calculated based on the size of her salary at the time of work or the minimum wage.

Therefore, in some cases it is more profitable to go to work in order to.

What does early staging mean?

There is an item on the sick leave - “ Early registration”. Usually, when filling out this document, the doctor, after checking the date of registration, notes this item if the woman has completed all the necessary actions before the 12-week period. This allows her to receive an additional allowance in the amount of 613.14 rubles. This amount is indexed depending on the regional coefficient.

Questions about sick pay

How is it paid in 2020

The entire amount is paid at the moment when a woman submits a disability certificate to the accounting department at the place of employment. Payment term - 10 days from the date of receipt of the application and sick leave.

It should be remembered that this benefit is not income, like any other sick leave payments. Therefore, this benefit is not subject to personal income tax.

How to calculate the amount due

The minimum allowance is due to those women who are unemployed and have not been deducted from the Social Insurance Fund . The allowance is calculated based on the minimum wage for all 140 days of the decree, provided that both pregnancy and childbirth proceeded normally. In this case, the payout will be 35901.37 rubles.

Also, this calculation is applied to female students full-time students and individual entrepreneurs. If the vacation period is extended, then the amount is recalculated according to the number of days.

For women who work under a formal contract, the allowance is calculated based on the average wages for 2 years.

The general calculation formula is:

The amount of income for 2 years / 730 * 140.

In this formula 730 is the number of days in two years, and 140 - length of maternity leave. If the year is a leap year, then 1 more day added, and if the period of the decree has changed, then the amount is recalculated in accordance with the new duration of the vacation.

For example, if a woman's accrued wages are 40000 rubles, and it has not changed over the past two years, then its total income will be 960 000 rubles. In this case, the allowance will be: 960,000 / 730 * 140 = 184,109 rubles.

The number of these days does not include the days on which the woman was on sick leave herself or caring for a child, was on maternity leave. Those days off that fell on the calendar will be taken into account for calculating the average salary.

Who pays

Benefits are paid exactly in the place where the documents were submitted:

• for working women, it is an employer organization;
• for individual entrepreneurs and the unemployed - the Social Insurance Fund;
• for those registered at the employment center - in it.

The early registration allowance is paid together with the basic allowance.

So, every working woman is entitled to maternity leave, and the amount of benefits, depending on average earnings, can vary greatly. And in order to receive the due payments, you need to register on time and , which confirms the right to receive benefits.

Payment for sick leave for pregnancy and childbirth is due to women who go on maternity leave. This is compensation for the entire period of temporary disability, which includes the prenatal and birth stages and the recovery stage. It relies on the program of compulsory social insurance.

General provisions

Bir's sick leave is a type of document confirming the right to payment for temporary disability. It is issued to a woman for maternity leave and payment of compensation for pregnancy / childbirth.

Bir - pregnancy / childbirth.

Important point! Maternity payments are due at the birth / adoption of a child. In this case, the age of the adopted baby should not be more than 3 months.

The sick leave defines the following points:

• the duration of the disabled period, which is calculated by the start and end dates of the period;
• the amount of maternity income, this parameter depends on the number of vacation days.

The procedure for granting a sick leave is regulated by the Order of the Ministry of Health and Social Development, this is act No. 624n dated 06/29/2011. Project name "On the regulation of the procedure for issuing certificates of incapacity for work". The accrual procedure is provided for in part VIII of this legislative act.

Payout features

Sick leave- the main settlement document when calculating social benefits. Every non-working day, the applicant is compensated for the full amount of her average earnings. To determine this indicator, earnings taken into account for the three-year period before the decree are taken into account.

At the request of the employer, who actually pays the woman an allowance, the Fund reimburses him with compensation funds. This procedure is carried out in several ways:

• through direct reimbursement of money to the accounts of the employer's company;
• by reducing the amount of standard payments.

The procedure for the return of funds is established in the Order of the Ministry of Health and Social Development. This is document No. 951-n dated December 4, 2009. This legislative act establishes a list of securities that an enterprise must submit to the fund:

• a statement written according to the model, which contains the amount of accrual;
• directly the calculation form, this is the 4-FSSS form with information for the entire accrual period;
• copies of the employment contract, other documents that can confirm the employment relationship between the recipient of payments and the employer;
• report card;
• payment documents that can certify the fact of payment of maternity money to an employee.

Most of the payments on the basis of sick leave are paid jointly by the employer and the Fund. The organization pays for the first three days, and the fund compensates for the rest of the time.

Important! Foreign women working in the Russian Federation under an employment contract have the same rights to maternity benefits as Russian citizens.

Sick leave must be issued to working women, for whom the employer pays contributions to the funds. But in some cases, unemployed applicants also receive it. Let's see who else is entitled to payments? So, maternity leave is compensated by:

1. Women serving in the internal affairs bodies, at customs, in the penitentiary or fire service and other government agencies.
2. Women individual entrepreneurs and notaries. This is a special category of citizens who will be able to issue maternity leave through management social protection. But assistance is only provided if the applicant is granted the status of unemployed.
3. Full-time students.
4. Applicants dismissed from work, due to the liquidation of the enterprise. To obtain the right to payment, a woman needs to register at the Employment Center on time, this must be done within a year after dismissal from her main job.
5. Persons who quit a month before the start of the vacation, for a good reason. So, the employer is obliged to pay compensation to the employee if the reason for her dismissal was a valid situation, which include the following provisions:

• change of residence, in connection with the transfer of a military husband to a new place of work;
• health status;
• the need to care for sick relatives;
• another forced measure.

Note! Pregnant women who are credited with BiD payments are suspended from providing unemployment assistance. In this case, the accruals are made by the Employment Center.

Who will pay?

If accruals are made on the basis of a sick leave by the employer, then who will pay compensation to women during the period of the decree? Let's figure it out. An application for maternity leave for pregnant women must be submitted to such organizations and authorities:

• at the place of work / service - for working applicants;
• to the employment center - for representatives who receive unemployment benefits;
• FSS (or social insurance) - to non-working citizens;
• to the department of social protection of the population - to unemployed notaries and entrepreneurs.

Note! Mothers who are insured against temporary disability in the FSS receive payments from an off-budget fund. Other applicants receive funds from federal savings.

How long can a period of incapacity last?

The duration of the sick leave for BiR is a moment that is given special attention. This issue is regulated by the articles of the law on compulsory insurance for the period of disability / maternity (Article 10), the norms of the act on state benefits for children with children (Article 7), the provisions of the Labor Code (Article 255).

It should be noted right away that maternity leave is provided to a woman to prepare for the birth of a baby, for immediate childbirth and restoration of health. A factor such as a difficult birth can serve as a factor in increasing standard size payments. When determining the amount, the following are taken into account:

• General medical indications. In the hospital, physicians must take into account physiological features female patients, natural timing of pregnancy.
• Special moments of a particular pregnancy (single / multiple pregnancy).
• The need for special preparation before childbirth. The norm applies to women living in the resettlement zone, including due to radioactive contamination.
• The complexity of labor activity. It is believed that the more difficult the birth, the longer the recovery of the patient will take.

Consider the main points on the terms that are taken into account when determining the period of incapacity for work:

• 140 (70/70) for natural childbirth;
• 156 - complicated / preterm birth (7/86 and 156, respectively);
• 194 - multiple pregnancy (84/110, if the fact is established in advance and 7/124, if multiple pregnancy is detected in the birth process).

The first digit is the total number of vacations.

Indicators x / x - the period before and after childbirth.

Reduction of the statutory payment period is not allowed. An exception may be the moments when a woman continues to work. If she opened a sick leave, but goes to work, then she will be paid the entire term, minus the hours worked.

The applicant must make a choice in favor of wages or maternity benefits. From the moment of termination of the performance of labor duties, marks on the employee's stay on maternity leave will begin to be affixed to the report card. With this scheme, all the days provided for by the sick leave are paid.

A woman can still work if the sick leave is open, for example, at the end of the year. If the applicant needs to include the entire month in the billing period, then she can postpone her vacation.

Note! If an employee has worked part-time at two enterprises for 2 or more years, then both employers are obliged to pay her sick leave.

It must be determined that the term for assigning the amount on sick leave should not exceed 10 days from the date the employer accepted the application. Payment is made within the specified time, if the applicant has provided the entire package of documents.

At the same time, the term for the direct payment of such compensation should not be later than the next payment of wages in the organization. In a situation where a woman has not initiated another method of paying money, she will be transferred (paid) the funds in the standard way for issuing a salary.

An exception! For unemployed applicants, the due compensation is paid no later than the 26th day of the month following the period for receiving a set of documents.

A period of three years is established by law for receiving benefits. If a woman has not received the money that was assigned to her at one time, then she can use any moment from the stipulated period to receive funds.

By law, the FSS undertakes to refund funds to the employer no later than 10 days after the end of the desk audit (lasts 3 months).

Important point! Maternity allowance is a type of tax-free payment. No personal income tax is charged from the calculated amount, and no insurance premiums are charged. For confirmation of this provision, one must refer to Art. 217 of the Tax Code of the Russian Federation and Federal Law No. 212 of July 24, 2009

All formally arranged expectant mothers are eligible for financial benefits. To do this, a sick leave for temporary disability is issued, a pregnant woman takes maternity leave, and receives the cash payments due to her. How much is maternity leave paid? How to properly arrange maternity leave, and on what grounds can the ballot be extended? Let's try to understand these issues together.

Legal Framework

1. The Labor Code of the Russian Federation - articles and guarantee pregnant women the right to apply for maternity leave and receive monetary compensation;
2. Federal Law No. -FZ - Articles 6-12 define the types of benefits for citizens involved in raising children and regulate the procedure for receiving them;
3. Federal Law No. -FZ - regulates the procedure for compulsory social insurance in cases of temporary disability associated with motherhood.

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The general procedure for state payments to citizens who have children to raise is regulated by an order of the Ministry of Health and Social Development.

Who is entitled to maternity leave

You can go on maternity leave for pregnancy:

• private entrepreneurs;
• students of higher and vocational educational institutions;
• employees registered at enterprises under an employment contract;
• civil servants and employees of budgetary organizations;
• women who lost their jobs as a result of the liquidation of the enterprise.

Who is being paid

Maternity benefits are paid to the following categories of women:

• Russian citizens permanently residing in the country;
• foreigners permanently residing in Russia, including stateless persons who have received refugee status;
• military personnel, personnel of the Ministry of Internal Affairs, customs, including civilian employees working in military units;
• foreign citizens with a temporary residence permit, subject to official employment and deductions of mandatory insurance premiums.

It should be clarified that unemployed women who are not registered with the Employment Center are deprived of the right to such payments. In addition, maternity leave compensation does not apply to expectant mothers who have moved to another country for permanent residence.

Who issues sick leave

The bulletin is issued at the polyclinic starting from the 30th week of pregnancy. It should be noted here that for this it is not necessary to become medically registered, although this is a common practice. In particular, no doctor can oblige a pregnant woman to undergo examinations and take tests. According to the current legislation, any medical interventions are carried out only with the consent of the patient.

It is enough for a future mother to visit a antenatal clinic only once to receive a sick leave. From the documents you need to have a medical card and a medical insurance policy with you.

Who pays

With official employment, for each employee, the employer makes monthly contributions to the Social Insurance Fund. It is this organization that pays maternity leave for women.

Private entrepreneurs and self-employed citizens can make contributions to the FSS on their own. If this happens, then maternity leave is paid on a general basis. In situations where an individual entrepreneur does not pay insurance premiums, he loses the right to cash payments when he goes on maternity leave.

In cases with unemployed citizens registered with the Employment Center, students, civil servants and employees of budgetary organizations, the due payments are made from the state budget.

Important! The maternity benefit does not have a fixed amount, so the amount of the subsidy depends on social status recipient and salary.

How is maternity leave paid?

The ballot is calculated based on the average earnings of a woman. The concept of the average salary covers all types of payments from which deductions are made to the FSS. These include:

• official salary;
• compensation for used and unused vacation;
• bonus payments;
• travel allowances;
• financial assistance in the amount of more than 4,000 rubles.

Sick leave payments are not taken into account. social benefits, subsidies due for the birth of a child. When calculating the amount of average earnings, periods when a woman was absent from the workplace due to illness and in connection with leave to care for children under the age of one and a half years are not taken into account. The billing period is the 2-year period preceding maternity leave.

Special situations

In exceptional cases, the law allows the calculation of the subsidy without taking into account average earnings. This includes situations where:

• insurance experience does not exceed six months - the minimum wage in the region is taken as the basis;
• the woman was on maternity leave - 2 years preceding this period are taken into account;
• if the decree is drawn up without the participation of the employer, it applies to private entrepreneurs and self-employed citizens;
• adopted a child under the age of 3 months.

In addition, the years of the billing period may be replaced if this contributes to an increase in the amount of the entitlement.

How many days of maternity leave will be paid

According to the current legislation, the entire period of maternity leave is paid in full. However, the duration of such disability may vary.

Currently, there are three options:

• standard option - 140 days;
• complicated childbirth - 156 days;
• the birth of twins - 194 days.

Here it is necessary to clarify that maternity leave is conditionally divided into two approximately equal parts: before childbirth and after. For example, in the case of a normal pregnancy, it will be two halves of 70 days each.

Terms of registration

A lot depends on the specific situation. In most cases, a woman goes on maternity leave from the 30th week of pregnancy. In this case, maternity leave is issued 70 days before the birth, the same period of validity of the sick leave covers the postpartum period.

However, if the pregnancy is complicated, the standard terms may change. For example, if the child was born prematurely, and the woman did not have time to complete the necessary documents, the leave after childbirth will be 156 days. This situation is equated to complicated childbirth, so the duration of the sick leave increases.

In the case of the adoption of a child, the situation is reversed. There is no intrauterine gestation period, so the decree will be only 70 days: the standard postpartum period.

Length of maternity leave

As mentioned above, a lot depends on the situation. To better understand this issue, we present a table where we visually display the duration of maternity leave before and after the birth of a baby in different life situations.

Foundations	Duration		Added days	Total
	Before giving birth	After childbirth
Normal pregnancy, uncomplicated delivery	70	70		140
Childbirth was difficult	70	86	16	156
Premature birth of a child		156	16	156
2 or more children expected	84	110	54	194
Multiple pregnancy diagnosed before birth	70	124	54	194

Pregnancy normal and complicated

Suppose that a certain girl is registered in a medical institution for pregnancy. At the 30th week of intrauterine gestation, she applies for a sick leave. Such a sheet is issued immediately for the entire period of maternity leave: 70 days before and after childbirth.

An exception to this rule are women living in the territories that were in the affected area after the accident at the Chernobyl nuclear power plant. In these situations, the sick leave is issued from the 27th week, and the prenatal period is extended to 90 days. The total duration of maternity leave will be 160 days.

If the birth was complicated, the sick leave is extended by 16 days. Therefore, the postpartum period will be 86 days.

What diseases are grounds for extending the decree

The list of such pathologies is listed in the instructions of the Ministry of Health. These include the following ailments:

• severe kidney disease, including renal failure, occurring in acute and chronic form;
• undergone heart surgery;
• severe damage to the endocrine system;
• lymphogranulomatosis;
• Wergolf's disease;
• lupus erythematosus;
• lesions of the circulatory system: leukemia, anemia, valve blockage.

It should be noted that the grounds for extending maternity leave include HIV infection and hepatitis during pregnancy.

Multiple pregnancy

If this was diagnosed during registration, the prenatal leave will be 84 days, the postnatal leave is increased to 110 days. In cases where multiple pregnancy was detected after childbirth, the issued sick leave is extended by 54 days.

Childbirth by caesarean section

Such situations are equated to complicated childbirth, therefore, the sick leave issued earlier is increased by 16 days. The total duration of the decree after cesarean will be 156 days.

Minimum and maximum payouts

The maternity benefit is calculated on the basis of wages for the previous 24 months. Therefore, in the minimum value, the minimum wage is taken as the basis. Starting from 2019, this value is 11,200 rubles. Therefore, if the pregnancy is singleton and the birth went without complications, the minimum that you can count on is 51,918 rubles.

The maximum value of the benefit is limited only by the amount of wages. In this case, the calculation base cannot exceed the established values. In 2020, the nominal value is 865,000 rubles.

How to calculate sick leave for pregnancy

Let's see how the calculations are made.

Formula applied

The following expression applies here: B = Sdz * Kd, where:

• B - the amount of the payment due;
• Sdz - average daily earnings;
• Kd - the number of days of maternity leave.

How does insurance experience affect

The amount of insurance premium is affected by the following:

• less than six months - maternity payment is calculated based on the minimum wage;
• more than six months - 100% of the average salary.

Amounts and billing period

The 2 years preceding the maternity leave are taken into account as the billing period. For example, if a woman is going to give birth in 2020. The billing period covers 2018-2019. The maximum amount that can be used as a calculation base is set at 865,000 rubles. It is this amount that is considered the maximum when deducting contributions to the FSS.

Note that the law allows you to change the years of the billing period, if this contributes to an increase in benefits. In this situation, the income is determined by the maximum amount of contributions that were valid for that period of time.

Determine the number of calendar days to be used in calculations

Make it simple. It is necessary to exclude from the total billing period the period when the employer did not deduct contributions to the Social Insurance Fund. This includes sick leave and child care.

Get the average earnings

The average daily earnings are calculated by dividing the total income by the number of days actually worked in the billing period.

Calculate the benefit amount

To do this, the average daily earnings are multiplied by the number of days of the decree: 140, 156 or 194, depending on the situation.

An example based on the minimum wage

Let's say that someone Ivanova goes on maternity leave, having worked only 4 months. Considering that the insurance experience of a woman is less than six months, the minimum wage is taken for calculations. In this case, the average daily earnings will be 370 rubles. We multiply this amount by 140 days of the decree, and we get a payment of 51,919 rubles.

Example based on average salary

Suppose that Ivanova has been working for a long time. In 2017, her total salary was 267,000, in 2018 - 240,000 rubles. We add these values, divide by 730 days and get the average daily earnings of 694 rubles. We multiply this figure by 140 days of maternity leave, and we get an allowance in the amount of 97,160 rubles.

We simplify calculations

In order not to bother yourself with calculations, you can go to the FSS website and use the online calculator. Here it is enough to fill in all the available fields and find out the exact amount.

Required documents

You must provide:

• application for maternity leave (students and employed);
• sick leave;
• a photocopy of the passport;
• a photocopy of the work book (unemployed);
• certificate from the Employment Center (unemployed).

How to fill out a sick leave

This document is filled in by the gynecologist of the antenatal clinic, where the pregnant woman was registered. If there is no such medical institution in the city, a general practitioner can fill out a sick leave.

The future woman in labor only needs to check the correctness of filling. Particular attention should be paid to the following points:

• the sick leave is filled in Cyrillic, a gel pen with black ink is used;
• characters fit strictly into the cells intended for this;
• the names of organizations are entered in full.

The second part of the sick leave is filled in by the employer.

Sample Documents

Completed sick leave

Additional sick leave

A sample of filling out a sick leave by an employer

When payments are made

Sick leave is provided at the place of work no later than six months after the end of maternity leave. Having received the document, the employer makes the necessary calculations and makes the payment within 1 day.

Important! The payment is not subject to taxation, although it is taken into account in income statements. Reason: Article 217 of the Tax Code of Russia. Download for viewing and printing:

After maternity leave, back on maternity leave

In this case, the woman will have no income for the past 2 years. However, she can choose any period when insurance premiums were made in respect of her. For example, when going on maternity leave in 2020, you can specify 2014-2015 as the billing period.

How is sick leave extended?

To do this, a new certificate of incapacity for work is opened for the required period of time, for example, for 16 days in case of complicated childbirth. In the "Reasons" column, the coding 020 is entered, which means the allowance for pregnancy. A corresponding mark is made at the bottom of the form.

Maternity payments for other citizens

Here, the billing period is determined by the period of 12 months before going on maternity leave. The allowance for students is equal to the amount of the scholarship received. For women registered with the Employment Center, maternity compensation is provided. Paid monthly. In 2020, this amount is 3,163 rubles.