How to calculate maternity leave is a serious issue that worries employers. In order to correctly calculate maternity leave, you need to understand what it is and what maternity leave consists of. We'll figure out.
To begin with, you need to understand the following questions:
- what period is taken into account;
- what forms of maternity payments exist.
The period of pregnancy, childbirth and child care is conventionally divided into three time periods:
- pregnancy time from 30 weeks to childbirth and the postpartum period;
- child care period up to 1.5 years;
- child care period from 1.5 to 3 years.
Each period has its own payment calculation system.
The pregnancy period is from 30 weeks until childbirth and the postpartum period, i.e. the so-called maternity leave is calculated according to the sick leave provided by the expectant mother. This certificate of incapacity for work is issued to the expectant mother by the attending physician at the place of her observation of the progress of pregnancy in the antenatal clinic.
The period reflected in this document depends on the norms established by law and medical indicators:
- in the normal course of pregnancy and childbirth without complications, the period of maternity leave is 70 days before childbirth and the same amount after it, for a total of 140 calendar days;
- if any complications arose during the birth of the child, the postpartum period of sick leave is increased by 16 days and amounts to 156 calendar days;
- When more than one child is born, sick leave increases to 194 days. This period consists of 84 days of the prenatal period and 110 days of the postpartum period.
How is maternity leave paid?
Russian legislation has determined 100% payment sick leave for pregnancy and childbirth, based on average earnings for the previous 24 months. We will consider further how this calculation procedure occurs.
First you need to calculate your daily average earnings over the past 2 years. To do this, we sum up all payments made (wages, vacation pay and sick leave) for 24 months and divide by the number of days - 730, and if one of the calculation years is a leap year, then by 731. But there is one nuance in this calculation. From the total, it is necessary to subtract the days when the woman did not work due to the following circumstances:
- temporary disability (illness);
- an additional preferential day off provided to the mother of a disabled child;
- certificate of incapacity for work due to pregnancy and childbirth;
- maternity leave;
- suspension of work for production reasons, but with the preservation of material payments.
As a result of mathematical calculations, the average daily earnings are determined. It must be multiplied by the number of days on sick leave (140, 156 or 194). The result is the amount of maternity leave pay.
But this payment should not be less than the established minimum wage.
Despite the calculations made, the amount of payment for maternity leave is limited to the amounts established by law:
- in a standard situation, when the duration of sick leave is 140 days, the minimum payment is 28,555.40 rubles, and the maximum is 248,164.38 rubles;
- if complications arise during childbirth and the period of sick leave increases to 156 days, then the limit amounts of payments change upward: minimum - 31,818.87 rubles, maximum - 276,526.03 rubles;
- in the case of the happy birth of more than one child and the calculation of the period of the certificate of incapacity for work is 194 days, the amount of payments ranges from 39,569.62 to 343,884.93 rubles.
In addition to paying sick leave for pregnancy and childbirth, a woman who registers with a antenatal clinic in the early stages of pregnancy is entitled to a fixed financial payment in the amount of 581.73 rubles.
Registration of maternity leave
Order for maternity leave Payment for maternity leave occurs within 10 days from the date of its registration. In order for the employer to issue a maternity leave and make the necessary payments, the following documents must be provided:
- sick leave;
- statement;
- confirming certificate of registration for medical registration;
- if the period of work of the expectant mother in this organization is less than 2 years, then a certificate from previous places of work for a two-year period on the amount of salary is required;
- Bank account details for transferring payment.
Upon receipt of all the necessary documents from the employee, the employer must issue an order to provide her and, accordingly, pay money.
Additional payment for childbirth with complications occurs after the employee provides sick leave for an additional 16 days and an application for extension of maternity leave.
Payment for maternity leave is made in all organizations of the main and additional places of work in which the woman was officially employed before going on maternity leave.
Application for leave Payment for maternity leave up to 3 years
Russian legislation allows the use of parental leave by any family member. Accordingly, the payment of benefits for child care up to 1.5 years will be calculated and made to the one who is caring for the baby.
In accordance with legal norms, the monthly allowance until the child is one and a half years old is 40% of the average salary of a maternity leaver.
Let's return to our calculations for the first period of maternity leave and similarly calculate the daily average earnings. We multiply the resulting amount by 30.4 (the number of days in the month taken into account) and by 0.4 (40%). This amount will be a child care benefit up to the age of 1.5 years (paid monthly).
The minimum payment amount is RUB 2,718.35. for the first child, for the second and subsequent children - 5,436.67 rubles.
In addition to monthly benefits, a lump sum payment is made for the birth of a child. It is fixed and amounts to RUB 14,497.80.
To process these payments, you must provide the company’s HR department with:
- passport;
- document confirming the birth of the child;
- a handwritten application from a maternity leave for child care leave for up to 1.5 years;
- a document confirming the absence of payments to the second parent of benefits upon the birth of a child;
- details for transferring finances.
Unlike maternity leave, this type of transfer is possible only by one employer.
Sample application There is one more difference in the payment of benefits for a child up to one and a half years old from payment of sick leave for pregnancy and childbirth - this type of financial transfer is due to all women, regardless of their employment.
Our legislation does not provide for payment of maternity leave for child care from 1.5 to 3 years. This period can be considered a vacation at your own expense without pay.
The amounts paid for maternity leave are far from meeting the needs of mothers and their babies. But, as they say, for lack of fish there is cancer. We hope that someday everything will change, and having children in our country will be not only prestigious, but also profitable.
The calculation of maternity benefits (maternity benefits) in 2016 is determined by the Federal Law dated December 29, 2006 N 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity” as amended on December 31, 2014. We present to your attention, how to calculate maternity benefits + examples.
From January 1, 2016, maternity pay is calculated according to uniform rules. Let us recall that until the beginning of 2013, it was possible to choose either the old method of calculating average earnings (for the last year) or the new one (for the two previous years).
Current rules
Maternity payments in 2016 are calculated based on the average earnings of the expectant mother, calculated for the two years preceding the year of maternity leave. Average daily earnings for calculating maternity benefits are calculated by dividing the total accrued earnings by 730.
It is important that maternity benefits cannot be less than the minimum monthly wage. The maximum benefit amount cannot exceed 1,772.60 rubles per day of vacation (248,164 rubles for 140 days) for all regions of the Russian Federation.
If a woman’s total insurance period (period of official employment) is less than 6 months, maternity benefits are accrued in the minimum amount, regardless of income received.
Before starting the calculation, you must consider the following:
- point No. 1. There is such a thing as the maximum value of the base for calculating insurance premiums. This value changes annually and is: in 2015 - 670,000, in 2014 - 624,000, in 2013 - 568,000, in 2012 - 512,000, in 2011 - 463,000, in 2010 - 415,000. When calculating maternity benefits, all the woman’s income for year, but not more than the specified amount. i.e., for example, if Ivanova’s income in 2014 was 650,000 rubles, then the amount of 624,000 rubles is taken into account.
- point No. 2. Excluded periods. These include: periods of temporary disability (sick leave), parental leave, BIR leave (maternity leave). To determine the average daily earnings for 2 calendar years, the amount of income received is divided by 730 (or 731 if a leap year) minus days that relate to excluded periods.
- point No. 3. If during the billing period (when going on maternity leave in 2016, this is 2014-2015) a woman was on maternity leave, she has the right to replace one or both years with others if this leads to an increase in the amount of the BIR benefit.
Calculation procedure:
- We decide which years we take into account for maternity benefits based on point No. 3.
- We calculate the amount of accruals for each year, with the exception of payments for sick leave and other payments for which contributions to the Social Insurance Fund were not calculated. Income from previous employers is also taken into account; for this you will need to provide a certificate of income to your current employer.
- P We check point No. 1, if the income for the accounting year exceeds the specified amount, we take the maximum value. Let's sum up the income for both years.
- We divide the resulting amount by (730 MINUS excluded periods, point No. 2).
- We received the average daily wage. To calculate the amount of maternity leave, it is enough to multiply it by the number of days of vacation (140 days - normal pregnancy, 156 - complicated childbirth, 194 - multiple pregnancy). However, if your daily earnings are less than 203.97 or more than 1772.60, use the minimum/maximum value.
Example of calculating maternity benefits
- Ivanova’s maternity leave began in March 2016. At the same time, until May 1, 2014, she was on maternity leave, and in 2015 she used 10 days of sick leave. To calculate the amount of maternity benefit you must:
- Calculate the amount of official income at your place of work for 2014 and 2015. For 2014, the amount of income was 250 tr. for 2015 - 678 tr.
- Income for 2015 exceeds the limit, so we get the amount of 250,000 + 670,000 = 874,000 rubles.
- Excluded periods are parental leave and sick leave: 121+10=131 days.
- We calculate the average daily earnings as 920,000 / (730 - 131) = 1,535.89 rubles.
- Daily earnings do not exceed the maximum amount of 1,772.60 rubles, so we multiply the resulting figure by the number of vacation days. 1535.89*140= 215024.6 rubles.
- Because In 2014, Ivanova was on maternity leave; she has the right to replace this year with any previous one if this leads to an increase in the amount of maternity leave.
What rules should be followed when calculating maternity benefits? Let's figure out what is worth considering, what formula to use, and whether there are exceptions to the general rules.
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Expectant mothers can determine the amount of maternity payments on their own, which will make sure that the employer’s accruals are fair. When making calculations, you should adhere to the rules established by federal regulations, which are relevant in 2019.
Maximum size
The amount of annual profit that should be taken into account when calculating the average salary has restrictions established by law.
The maximum benefit amounts were approved by the law of December 29, 2006. Please note that the maximum amount differs from year to year.
In 2019, the maximum indicators are 624,000 rubles. That is, if the employee received 700 00 0, then when determining the amount of maternity benefits, only the specified limit will be taken into account. In 2013, the limit values for calculations are: 568 000 .
The maximum that an employee who went on maternity leave in 2019 can receive is 228,602.74: In the event that a woman is on maternity leave longer than is established in normal cases, the amount of payments will be increased in proportion.
If, when determining the amount payable to the employee, the income of an earlier period (2013, 2012, etc.) is taken into account, then the maximum benefits are set less:
In 2019, the maximum amount of income taken into account is 670 000 . But such indicators will be taken into account by those company employees who will go on maternity leave in 2019 and later.
Maternity benefits cannot exceed the limits 36,563 rubles per month, 1479.45 rubles- in a day. The maximum payment amount for 140 days in 2019 should not be more 228,603 rubles(data taken into account for 2019 – 2013).
How to calculate maternity benefits using the formula
In accordance with the current rules, when calculating benefits, the last two years when the woman worked are taken into account. It does not matter when the employee goes on maternity leave - at the beginning or end of 2019.
After determining the years for which benefits should be calculated, the period when the woman:
- took a vacation;
- was on sick leave (also for pregnancy and childbirth);
- went on a business trip;
- stayed at home to care for sick children and incapacitated loved ones;
- did not receive a salary (partially as well) for a certain time.
That is, they exclude those days when there were no deductions from the profit received to extra-budgetary funds for compulsory types of insurance, because it is from such funds that they form the basis for calculating maternity benefits.
In accordance with the regulatory act of December 29, 2012, additional days (4 of them) that are allocated for caring for children with disabilities will not be excluded from the billing period.
The same applies to days that were taken at your own expense. Previously, it was possible to change the billing period. Now there is no such right.
For those women who leave from one maternity leave to another, this is not beneficial, since the benefit due to lack of earnings will be minimal.
If a woman has not taken sick leave or vacation over the past 2 years, then she is considered to have worked 730 days (if there is a leap year - 731).
It is necessary to determine the average salary, in accordance with the amount of which benefits will be paid for each day.
When calculating, it is worth summing up all income indicators that are subject to insurance premiums and other fees.
That is, they will take into account:
- earnings;
- bonuses that were given every month, quarter, year;
- regional coefficient;
- bonus for length of service, employee title, development;
- one-time payment of an incentive and motivation plan (bonus for company anniversaries, etc.);
- material types of assistance (no more 4 thousand rubles).
The resulting number should be divided by the number of days that were worked in the billing periods. But the figure should not be higher than the established amount of maternity leave for one day.
For each day of maternity leave, a woman receives an average daily salary. For example, if this figure is 789 rubles, and the duration of the vacation is 140 days, then the amount to be paid is 110,460 rubles.
Funds must be paid in one amount within 10 days from the date of submission of the required package of documents.
The number of days when an employee can be released from work duties due to pregnancy and childbirth:
- Salaries and other payments for 2019, 2013, which are summed up.
- Amounts that do not exceed the established limit per year.
- Number of days worked.
Use this formula:
The minimum accrual for a month cannot be less than the approved minimum wage. When making calculations, you can use special online calculators, which are located on statistics services.
When calculating benefits when a woman goes from one maternity leave to another, it is worth taking 2 years before the first maternity leave.
If an employee returns to work after maternity leave, and soon takes such leave again, when determining the amount of payment, it is possible to replace the time worked for an incomplete period in the calendar year that precedes the first maternity leave.
Counting example
Example No. 1. The employee goes on maternity leave on March 5, 2015. Its annual profit in 2013 was 300,000 rubles, in 2019 – 400 000 . The years were not leap years, which means it is worth taking 730 days (365 * 2 years).
Average daily salary – 958.90 rubles:For 140 days of vacation, a woman must receive:If this woman gives birth to 2 or more children, the calculation will look like this:Example No. 2. Ivanova K.T. She will go on maternity leave on September 2, 2015. It has days that should be excluded from the calculation period, since from March 11 to March 24, 2014, the employee was on sick leave and received temporary disability payments.
The billing period is January 1, 2013 – December 31, 2014. Subtracting the above days, the total is 716 days.
If the job changed
Let's consider a situation where a woman worked in 2 or more companies before going on maternity leave.
If the employee fulfilled her obligations under the employment contract in these places during the 2 years preceding the billing period, then each employer will pay the benefit, that is, the woman will receive funds from two places of work.
In this case, the maximum payment will apply to each company separately. But in general, a woman cannot get more than 228,602.74 rubles.
If an employee has worked for one of the companies for less than a year, then when determining the amount of average daily earnings, the period actually worked will be taken into account.
The billing period is from the moment the woman signed the employment contract until the month preceding the onset of maternity leave.
Changing jobs will not affect benefit calculations, since the employee’s profit is taken into account, with which insurance contributions to the Social Insurance Fund are paid.
If a case occurs when a person becomes temporarily disabled, and at the same time he works for 2 or more insurers, the benefit can be assigned and paid in the following way:
- Payment is made for all work, based on the average daily earnings of the company that assigns the payment.
- The amount is paid for one of the last places of work that the insured person chooses.
What special cases might there be?
Calculating maternity benefits based on average earnings - general rules. But there are a number of exceptions.
Let's figure out when the benefit amount will be determined according to other standards:
- A student who is a full-time student at an educational institution will receive a benefit calculated on the basis of the scholarship.
- An unemployed person who lost her job due to the liquidation of an organization and was registered with the Employment Center can count on receiving maternity payments in the amount of 543.67 rubles per month. This value is indexed every year.
The average monthly salary when calculating benefit amounts is equal to 1 minimum wage, subject to:
- the average salary of a female employee is less than the established minimum wage;
- The insurance period of a pregnant woman is up to six months, for example, if she worked for a month;
- the payment is made to an individual entrepreneur or other person who is engaged in private practice if contributions for compulsory insurance are paid to extra-budgetary funds.
In such cases, for calculation it is worth taking the minimum wage, which is valid at the beginning of maternity leave. In 2019 this is 5,965 rubles.
If a territorial district uses an increasing coefficient, then the minimum wage will also be increased. The formula should be used the same as when determining payments based on real wages.
In 2019, the amount of maternity benefit (based on the minimum wage) for 140 days is 27,455.34 rubles: When calculating benefits for a second child, it is worth considering some features. A woman has the right to choose what benefits she wants to receive - for pregnancy or for child care.
All amounts for the second child must be summed up with the payments made for the first child. If twins are born, the mother receives 40% for each child.
When calculating the amount of benefits, the first-born is also taken into account. The amount of payment is determined for the 2 years preceding maternity leave.
If the wages of employees at the enterprise were raised, but the employee did not go to work before the birth of her second child, then the calculation will be made on the basis of the old salary. By going out to work periodically, a woman will be able to receive benefits at the new salary.
A woman has the right to receive maternity payments for her third child in accordance with the program for 2013–2019.
How to calculate maternity benefits for a third child? The amount of the benefit is set based on regional indicators of the cost of living per child. In certain regional districts of the Russian Federation, such transfers are made from the local budget.
Requirements to be met to receive benefits for a third child:
- The child is born during the period when the program is in effect.
- One of the parents must be a citizen of Russia.
- Profit per family member is not higher than the subsistence level.
- The person is registered at the place where he intends to receive benefits.
- Payments will stop when the child reaches 3 years of age, and in some territorial districts - up to 6 years of age.
Educational workers who are planning to go on maternity leave often have questions.
Regardless of the fact that the school year begins in September, teachers should take into account the 2 previous calendar years when calculating.
The maternity benefit amount calculator (unfortunately:) is not magical, and to get the correct result you will need to read the explanations and make some calculations yourself.
- The monthly child care benefit calculator for children up to 1.5 years old will help you calculate the amount of the corresponding payment.
Example of using the calculator:
1. The pregnancy is multiple, and she is granted leave of 194 days, enter the number in the first field.
The amount of maternity leave will be calculated based on earnings for the previous two years. Work experience for this period is more than six months, check the corresponding box.
2. The “net” salary (without vacation pay and sick leave) for 2018 before taxes was 648,000 rubles, plus vacation pay - 57,338, sick leave for 20 days - 38,027 rubles. We enter 705,338 in the second field (648,000 + 57,338, we do not take into account hospital payments).
3. In 2017, income amounted to 720,000 rubles. - this exceeds the maximum allowable amount of contributions to the Social Insurance Fund for this year of 718,000 rubles. The amount must be specified taking into account this limitation.
4. For the accounting years, the total period of incapacity for work (sick leave) was 20 days. We use this number in the fourth and last field. *This may also include periods of parental leave, maternity leave, periods of employee release from work with full or partial retention of wages in accordance with the law, if insurance contributions to the Social Insurance Fund of the Russian Federation are paid for the retained wages for this period were not accrued.
The amount of maternity benefits we receive is 280,263.20 rubles.
Please note that if in the calculation years the woman was on maternity leave, one or both years can be replaced. For example, if Ivanova was on maternity leave in 2017, she has the right to replace this year with 2016.
You can leave your questions and suggestions regarding the operation of the maternity benefits calculator on the forum
Maternity leave(B&R, in common parlance it’s just decree) is a social guarantee for working women, as well as for those undergoing military or equivalent contract service. It is provided to pregnant women so that they can prepare for childbirth, and after the birth of the baby, relax, recover and spend time with the newborn.
The right to maternity leave is enshrined in Art. 255 of the Labor Code (LC) of the Russian Federation (No. 197-FZ of December 30, 2001). The law states that the decree is accompanied by the payment of social insurance benefits.
- Birth leave is provided for both natural (born) children and adopted children under the age of 3 months.
- Do not confuse maternity leave (maternity leave) and parental leave for a child up to 1.5 years old. In a legal sense, these are completely different periods.
A special feature of maternity leave in Russia is that it can be taken out by: only woman.
- Sometimes they write or say that dad can be put on maternity leave. This implies Holiday to care for the child, but not according to BiR.
- According to Art. 123 of the Labor Code of the Russian Federation, during the period of his wife’s maternity leave, a man can only be granted out of turn annual paid vacation.
New law dated June 29, 2015 No. 201-FZ introduced changes to the conditions for granting maternity leave for fixed-term employment contract. If previously the employer was obliged to extend the contract with the employee only for the period of pregnancy until the baby is born, then now a woman is provided with the law postpartum leave, which gives her the right to receive maternity benefits in full (for 140, 156 or 194 days of maternity leave).
How many weeks does it take to register?
The period during which a woman can legally go on maternity leave is 30 weeks. To go on vacation, you need to obtain maternity leave from a doctor. The document will indicate the start and end dates of the maternity leave.
In some cases, they are installed other terms registration of maternity leave:
- 27 weeks - for expectant mothers living in a certain area contaminated due to the accident at the Chernobyl nuclear power plant, the Mayak plant and some others.
- 28 weeks - for multiple pregnancy.
- If a woman has premature birth between 22 and 30 weeks - from the day of birth.
An obstetrician-gynecologist does not have the right to open a sick leave later than the beginning of the 30th week of pregnancy. However, the woman herself has the right to go on maternity leave later - this must be indicated directly in the application for this leave.
In particular, it may be in the interests of a woman to postpone the start date of maternity leave - if it falls at the end of the year, it is sometimes more advisable to postpone it at the beginning of next year despite several lost days subject to paid sick leave. This is done to be used as a calculation current calendar year- as a rule, more profitable in terms of earnings.
How many days does it take by law?
According to Art. 7 of the Law on State Benefits No. 81-FZ of May 19, 1995, as well as other regulatory documents, the duration of maternity leave in 2018 may vary. The number of days of maternity leave depends on the woman’s place of residence and work, the characteristics of childbirth, and the number of children born.
- Holiday according to the BiR is divided into two conditional parts - prenatal and postnatal. The number of days for each of them is counted by a gynecologist from the expected date of birth.
- If the child is born earlier, the woman will still be provided with total number of days maternity leave.
Below is the duration of labor and labor leave before and after childbirth for different categories of women.
Maternity leave table
Conditions Duration of maternity leave in days Before giving birth After childbirth Total Normal course of pregnancy and childbirth 70 70 140 The same for women living or working in areas contaminated after the Chernobyl accident, the Mayak plant or the dumping of waste into the river. Techa (hereinafter - in the contaminated area) 90 70 160 Normal pregnancy, complicated childbirth 70 86 156 The same for women living or working in the territory of the “Chernobyl zone” 90 86 176 Preterm birth (between 22 and 30 obstetric weeks) 0 156 156 Multiple pregnancy diagnosed before 30 weeks 84 110 194 Multiple pregnancy diagnosed at birth 70 124 194 For pregnant women who live or work in contaminated areas, maternity leave extended by 20 days due to the prenatal period. In accordance with Law No. 1244-1 of May 15, 1991, during this period, their health improvement is provided outside the pollution zone before childbirth.
For woman, adopting a baby at the age of up to 3 months, the duration of maternity leave may be shorter:
- The leave begins to count from the day the court decision on adoption comes into force.
- Maternity leave lasts until 70 calendar days after the birth of the baby (or up to 110 days after the birthday of the adopted twins).
Registration of maternity leave
To go on maternity leave, a pregnant woman must provide her employer with sick leave from an obstetrician-gynecologist and write statement about your desire to take leave under the BiR. It is important for the employee herself to take maternity leave for two reasons:
- to receive financial assistance benefits;
- to follow her job was saved for the duration of maternity leave, as well as subsequent child care up to 3 years.
In exchange for the application and sick leave provided by the woman, the HR department issues her a notification receipt for the receipt of documents (written in free form, the second copy remains with the organization).
The start date of maternity leave may coincide with that indicated on the certificate of incapacity for work, or it may be postponed to a later period (only at the request of the woman and her application). At the same time, the maternity leave itself will not be postponed to a later date, but will be shortened, since it will end no later than the date indicated on the sick leave.
Maternity sick leave
A certificate of incapacity for work is issued on official letterhead, approved by order of the Ministry of Health and Social Development dated June 29, 2011 No. 624n. It is a document of strict accountability and has a unique number. The first part of the form is completed in medical institution, second (for calculating maternity benefits) - employer women.
Basic requirements for filling out sick leave (applicable to both the doctor and the employer):
- The cells are filled with large printed Russian letters and numbers, which should not extend beyond the cell.
- Notes can be made on a printer or written by hand with a black gel, fountain or other pen (but not a ballpoint).
- Any blots, cross-outs and errors are prohibited. Even with one crossing out, you need to change the form and rewrite everything again.
- The name of the employing organization can be written in full or abbreviated form (if such a form is provided for in the constituent documents).
- If the inscription (name of the enterprise, surname of the doctor, etc.) does not fit on the line, it is simply interrupted in the last cell.
The employer must carefully check the correctness of filling out the sick leave, because the Social Insurance Fund may not accept an incorrectly filled out document. Correctly and finally filled out sick leave is transferred to the accounting department for calculating benefits according to the BiR.
- If an error is detected, the certificate of incapacity for work is returned to the woman, who must re-apply to the medical institution for a new document.
- An incorrect name of the insured organization is not considered an error, because the FSS can recognize it by its registration number.
Application for maternity leave
The application is the main basis for starting maternity leave. It is written in free form and registered with the employer. There is no approved application form. Some information must be included in the document. These include:
- Details of the organization, full name of the head.
- Full name of the employee without abbreviations (you can also indicate your position).
- Details of the identity document.
- Information about the place of registration and residence.
- Please provide leave according to the BiR.
- Please pay maternity benefits and a one-time benefit when registering in the early stages of pregnancy (optional).
- Desired method of receiving benefits, card details.
- Number and date of sick leave according to BiR.
- The employee’s signature, surname and date of filling out the application.
Staying on maternity leave is the basis for granting a woman maternity benefits. In this case, most often one combined application is filled out - both for vacation and for sick leave payments for it.
Order for maternity leave
After the woman’s place of work has received an application and sick leave, the enterprise’s personnel department forms order on granting maternity leave. The form of the document is not clearly regulated by law; it can be taken as a basis unified form No. T-6 or develop your own.
The order must contain the following information:
- name of the insured organization;
- date and document number;
- Full name of the employee, personnel number, name of her position and structural unit;
- type of leave (maternity leave);
- grounds for granting a maternity leave;
- start and end dates of vacation, its duration;
- Full name of the head of the organization, his signature.
Employee reads the order mandatory, signed and dated. Ideally, she is provided with a copy of the document. After this, it is written on the order that it is sent to the employee’s personal file.
Based on the order, data on maternity leave is entered into the personal card (Form No. T-2) of the employee. The fact that a woman is on labor and employment leave is reflected in the working time sheet (form No. T-12 or any other established by the organization).
How is maternity leave paid?
Vacation leave is paid in full, from the first to the last day. The benefit is transferred at one time on the woman's account for the entire period.
The main criteria for calculating payment for maternity leave:
- For each full month of maternity leave, a woman is entitled to an amount equal to 100% of the average monthly earnings in the organization for the last two calendar years (Article 11 of Law No. 255-FZ of December 29, 2006).
- With very little or no earnings, as well as with work experience in the organization of up to 6 months. calculation and payment are made according to the current minimum wage (minimum wage). From 02/01/2018, the minimum wage is 9,489 rubles, however, increasing regional coefficients are applied to this figure.
- The maximum payment amount is regulated using the bases for calculating insurance premiums. The employee’s income for a certain year is compared with their values.
If there are several employers for whom a woman has been working for more than two years, maternity leave is paid each of them. At the same time, child care benefits can only be issued to one of the policyholders.
Maternity leave is paid only if sick leave has been provided no later than six months after the end of maternity leave. Otherwise, a woman may need to prove her right to B&R benefits in court.
Maternity leave calculation
Calculation of maternity benefits for vacation accounting is carried out enterprises (or employees of the Social Insurance Fund, if there is a pilot project in the region "Direct payments") according to the established method. The following data is taken into account:
- A woman’s total earnings for the two calendar years preceding her start on maternity leave. For those whose maternity leave begins in 2018, the estimated years will be 2016 and 2017.
- Length of the billing period (in 2016-2017 - 731 days).
- The number of days that “fall out” from the calculation period due to sick leave, parental leave, etc.
Maternity leave is calculated in the following sequence:
- the exact number of days in the billing period is calculated (from 731, “outlier” periods of time are subtracted);
- the average daily earnings are found (the total income for two years is divided by the number of days calculated in the previous paragraph);
- The size of the lump sum payment is determined (average daily earnings are multiplied by the number of days of maternity leave, which is taken from sick leave).
The amount of the benefit must fit within certain limits. In 2018, for 140 days of vacation minimum maternity benefit is 43,615.65
rub. (based on RUB 9,489 for each full month), maximum- RUB 282,106.70Online FSS calculator
An online calculator on the FSS website will help make calculations easier and pre-calculate the amount a woman can count on after going on maternity leave. It is based on the above method for calculating maternity leave. This is exactly how the amount of an accountant’s allowance is calculated at the enterprise and at the Social Insurance Fund.
You need to fill out the fields carefully:
- Type of disability (pregnancy and childbirth).
- Enter the dates of the period of incapacity indicated on the sick leave.
- If a woman has been on maternity leave for two past calculation years, she can replace the calculation years.
- In the “Calculation Conditions” enter the earnings amounts for 2016-2017. (or other billing period), the number of days excluded from the calculation, carefully check the boxes.
- You can pay attention to the column “Work experience” only if the length of service does not exceed six months in a given organization.
Payment for maternity leave
Payment of maternity leave is made from the Social Insurance Fund (SIF). In general, the process occurs in the following sequence:
- Woman writes a statement to the employer for maternity leave and benefits.
- The deadline for making a decision at the place of work on paying for vacation and calculating maternity benefits - in the general case 10 calendar days.
- A certain period of time is allotted for the transfer of money. The employer must transfer funds on the first day of salary payment along with wages for other employees.
- The employer (the policyholder) initially pays the money from your own funds, and only then the FSS reimburses him for the payment by reducing the insurance premiums payable and/or paying compensation.
- In some constituent entities of the Russian Federation, where the “Direct Payments” project operates, leave is paid to the woman directly from the territorial body of the Social Insurance Fund (although the application for maternity leave is still written to the employer, its calculation and payment is carried out by social insurance workers). At the same time, the Social Insurance Fund has the right to pay for maternity leave until the 26th of the month, following the filing of an application for maternity leave.
Along with maternity benefits, you can apply for a one-time benefit, which is issued upon early registration with a medical institution. Its size in 2018 is 628.47 rubles. To receive this amount, the employee must provide the employer with a certificate from the antenatal clinic and write a corresponding application.
Conclusion
Maternity leave (maternity leave) is required workers, students and employees women. Its duration ranges from 140-214 days. In a normal situation goes on maternity leave at 30 weeks pregnancy. To do this, you need to register sick leave at the antenatal clinic, provide it to the employer (educational institution, place of service) and write a leave application.
The maternity period is paid in the amount 100% of average monthly income women. Payment is transferred once during the entire vacation period under the BiR at the expense of a woman. Maternity benefits are paid to female employees for whom the employer pays insurance premiums.
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