Basic provisions of maternity leave according to the Labor Code of the Russian Federation. Labor Code on maternity leave

About two types maternity leave This is what we'll talk about in this article:

1. Maternity leave
2. Parental leave from birth to 3 years.

Changes from July 1, 2016 and January 1, 2017.

This year the payment maternity benefits has not changed, and all calculations will be made according to old scheme. An increase in the amount of payments is also not expected, however, there are some nuances, knowledge of which to the expectant mother will be very useful.

Maternity leave in 2017 new law does not change the main provisions, but there are amendments:

• a woman can leave work at her own request at 6.5 or 7 months of pregnancy;
• Depending on the conditions of pregnancy, the indicated periods can be adjusted;
• at multiple pregnancy a woman has the right to leave service at 28 weeks, if living conditions– at 27.

In any of the above options, according to the law, the registration and calculation of benefits occurs on the basis of two main documents. This is a statement to the head of the enterprise and a sick leave.

According to the new rules, the application can be written in any form, but according to the established template. The application form must be provided at the place of work. This applies to the periods before and after the birth of a child.

Stages of maternity leave registration

1. Based on the submitted application, the manager issues an order. Maximum time the provision of maternity leave has not changed - maternity leave period equals 264 days.

2. The amount of the benefit depends on the salary of the woman going on maternity leave. The assigned amount of upcoming payments may be changed in accordance with the laws in force in the Russian Federation. A preliminary calculation can be made using an online calculator using the formula:

Average monthly salary for 2 last month multiplied by 24 or 730 days to obtain the daily average.

The benefit amount is equal to the maternity leave period multiplied by the resulting value (average daily earnings).

3. How is maternity leave paid? leave, if a woman is employed in 2 or more jobs at the same time, she is entitled to maternity benefits from all these organizations. An application for maternity benefits along with a package of all documents must be submitted to each organization.

4. The package of documents includes:

• sick leave issued for the entire period of incapacity;
• statement;
• certificate of registration in the early stages of pregnancy (up to 12 weeks), otherwise payments can be calculated at the minimum rate;
• passport details and account details for calculating payments;
• if you have work experience in another organization, and maternity leave is formalized later a short time receipts for new position, an income statement for 2 years must be provided.

5. Maternity leave calculation can be produced different ways, depending on the timing of leaving work, the amount of salary and the status of the expectant mother.

The issue of maternity leave concerns most girls sooner or later. Russian legislation regulates legal issues related to the leave of the expectant mother and the Labor Code.

Legislation

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

You can also ask the employer to establish a part-time work week.

To do this, it is worth bringing to work or the place where the training takes place, a recommendation from doctors (it is received in the consultation department for women in the 30th week of pregnancy).

Maternity leave according to the Labor Code of the Russian Federation

The right to receive leave is assigned to all girls included in the personnel of any organization.

Including maternity leave:

• unemployed;
• military personnel;
• female students

Decor

The algorithm for mom is quite simple and contains several steps:

1. Receipt by a woman in labor.
2. A woman writes to her employer at work because her due date is approaching. The application is drawn up on behalf of the pregnant woman and signed by her personally. An employee of the HR department can help formulate the text of the document. The paper indicates the reason and duration of absence from work.
3. It is necessary to write about the requirement to accrue maternity benefits.
4. When all the documents are collected, an employee in the personnel department will sign an order for maternity leave, after which you can begin to rest and prepare for the birth of a child.
5. After the baby is born, you need to collect documents to obtain the right to parental leave and submit them to the employer with the application.

Documentation

Provided by a woman in 2 stages.

To take maternity leave and receive maternity benefits, you need:

• certificate of incapacity for work;
• certificate confirming registration with the department antenatal clinic;
• application addressed to the employer;
• statement of the woman’s earnings for the year of work;
• bank details or card number for transferring benefits.

After giving birth, to apply for maternity leave benefits you will need:

• identification documents;
• photocopies of the baby’s birth certificate and its original;
• bank details or card number;
• statement.

Job retention

The woman needs to inform the employer about the situation in which she is. However, no specific deadlines, in which this must be done.

Almost any woman going on maternity leave is familiar with fears about being fired. However, according to Russian legislation, it is prohibited to fire such an employee, otherwise the employer will be held accountable.

Duration

Labor Code for 2019 sets standard ones, which can be extended depending on the circumstances.

Extension or reduction of period

Leave dates for the expectant mother:

• 70 days according to the calendar until the birth of one child;
• 84 days in case of pregnancy with more than one child.

After the birth of the baby, you are also entitled to a vacation duration of:

• 70 days according to the calendar for normal childbirth;
• 86 days for complicated cases;
• 110 days for the birth of two or more babies.

According to the labor code, maternity leave is provided in full, regardless of how many days were used before giving birth.
The legislation does not directly regulate the timing of reduction of maternity leave.

The reason for reducing maternity leave is the woman’s desire to go to work sooner.

The low amount of benefits paid compared to the salary can also force people to leave maternity leave earlier.

A situation that may affect the reduction of vacation days is the termination of pregnancy or the death of a child within 6 days after birth. These cases give the woman the right to recover for as long as she sees fit. Minimum term- three days.

Payment issues

Maternity leave is paid by the state. For vacation days, the girl receives an allowance corresponding to her average salary or a scholarship for full-time students.

Unemployed girls receive equal to the minimum amount wages.

In addition to the required payments, you can count on:

1. One-time benefit when registering with a medical institution at the 12th week of pregnancy.
2. Maternity benefit paid 1 time. You can register it by providing a certificate from the civil registry office and a birth certificate.
3. Maternity capital at the birth of a second child.

Maternity benefit

The amount of monthly benefits paid is calculated as follows: the wages of the last two years of work are summed up and divided by 24 months. All sick leave is deducted from the total amount.

Women - individual entrepreneurs may receive a minimum benefit.

For individual entrepreneurs, payment amounts are calculated as follows:

• the total amount of IP profit is divided by 2 years;
• the amount received is divided by the number of days for which contributions to the Social Insurance Fund were made;
• the resulting coefficient is multiplied by the number of days of maternity leave for the woman.

Going to work

The main fears of women in the run-up are the possible loss of qualifications and acquired skills.

Changes could also occur in the company where the employee previously worked: for example, a change in the team or work schedule.

Maternity leave and exit from it are regulated by the Labor Code; on the basis of Russian legislation, the need to issue a leave order is established.

The employee returns to her place of work within the period established by this order.

For the period when a woman is on vacation with a child, in her place, performing her duties. A contract is concluded with the new employee labor contract, without discussing the date of completion of its activities. When the employee returns to work, the temporary employee is fired on the same day.

A woman who returns to work applies for the same position that she occupied before her dismissal.

When going back to work on a pre-agreed date, you do not need to write an application. If a woman goes to work ahead of schedule, she needs to discuss the date of her return with her employer and draw up a corresponding statement.

What does an employer not have the right to do?

The Labor Code of the Russian Federation provides for administrative liability for those employers who violate the following rights of pregnant women and women with children:

1. Refusal to hire a woman who is pregnant or has a child under 3 years of age. This may entail trial, as a result of which the unscrupulous employer will be obliged to pay a fine.
2. Dismissal by an employer of a pregnant woman, a woman with a child under 3 years old, and a single mother with children under 14 years old also faces a fine. A valid reason for dismissal is liquidation of the company.
3. Sending pregnant women on business trips, involving them in overtime activities, as well as working on weekends and holidays is fraught with consequences for the management of the company.

Most women during pregnancy cannot wait to finally go on maternity leave. It all starts with maternity leave, which gradually turns into parental leave. This is, of course, good, but it would be nice to also be aware of the legislative opinion on this matter. So, what does the Labor Code of the Russian Federation say about “maternity leave” and leave provided to pregnant women after childbirth?

Maternity leave

There is no point in remaining silent about the fact that the concept of “maternity” leave does not exist in the Labor Code of the Russian Federation. This vacation is so called by the people. When talking, everyone understands the meaning of this word, but this wording is not used in official documents.

Article 255 of the legislation states that pregnant women are entitled to leave on the basis of a personal statement supported by a sick leave certificate.

Duration under the Labor Code

The same 255 regulates the duration of maternity leave. IN standard version it is 140 days. This period increases by 16 days (156 in total) in case of difficult childbirth, for example, if C-section. At 28 weeks of multiple pregnancy, a woman is given a sick leave certificate for 196 days.

It is believed that out of 140 days, you are supposed to take 70 days off before giving birth and the same period after it. But it is not so. If an employee expresses a desire to work longer, then on the basis of a personal statement she will be given such a chance. That is, the expectant mother has the right to rest only 30 or 40 days before giving birth, and the remaining 100-110 days after.

You can do exactly the opposite, that is, 100 before, and 40 after. A rest period of 196 days can be divided according to the same principle, but it cannot exceed the specified period. If you have 140 days, then no one will allow you to rest for 150.

Reducing vacation is the employee’s prerogative

We have dealt with cases where the period of maternity leave can be extended. Let's figure it out - can it be reduced?

The law does not indicate that vacation cannot be reduced, but at the same time, the employer does not have the right to “pull” an employee out of vacation, even threatening to fire him. This applies not only to maternity leave, but also to the annual leave granted to employees.

A reduction in maternity leave can only occur if the employee wishes. Most often this factor is influenced by high level salaries versus benefits.

When medical indications the pregnancy was terminated or the child did not survive its first week on Earth, then the vacation can be shortened. The sick leave will last until the woman fully recovers. This is a minimum of 3 days, in addition to those already used previously.

Federal Law of the Russian Federation on maternity leave

The periods before and after childbirth are stipulated in the Code, but all payments are managed by the Federal Law of the Russian Federation. Maternity leave is a temporary disability, so it falls under the wing of the Ministry of Social Development and Population Protection.
To avoid fraud, the provisions of the law “On the provision of benefits for temporary disability, pregnancy and childbirth of citizens subject to compulsory social insurance” undergo changes every year. Since 2013, Law 255 of the Russian Federation, adopted back in 2006, has been relevant.

How benefits are calculated

Payment of maternity benefits is carried out entirely by the Social Insurance Fund. It all depends on the deductions that were made for the employee during the period of her work. Despite the fact that the FSS transfers the money, the employer is responsible for calculating the amount of benefits, since he has more information for this than the fund.

As of January 1, 2013, new rules for calculating maternity benefits are in effect. The calculation still takes place taking into account the average salary, but the principle itself has undergone changes.

Period for calculating vacation

Includes days worked when the salary was accrued, and contributions were made to the Social Insurance Fund and taxes were paid from it.

Previously, data for only 1 year was used calendar year, now two years of work preceding the onset of vacation are taken.

What doesn't count?

1. Periods of sick leave.
2. Annual holidays.
3. Absenteeism and time off.
4. Other days when the salary was partially accrued or not accrued at all.

It turns out that out of 730 days you can count on only 500-600, which will be used when calculating payments.

Average earnings for calculating benefits

How is the average salary calculated for transferring vacation to an employee? All days worked over 2 years are summed up, the above intervals are subtracted from them, which are subsequently divided into days worked. What payments are taken into account in the calculation process?

1. Salary of the employee.
2. All types of incentives, if there were deductions from them to the Social Insurance Fund and the Pension Fund.
3. Coefficients accepted in a particular region.
4. Salary supplements.
5. Any other payments from which deductions were made.

The more days there were when contributions were made to the Funds, the higher the amount of maternity payment will be. The minimum and maximum size maternity benefits, below or above which the amount of payments cannot be.

Child care allowance up to 1.5 years old

According to the labor code, pregnant women who do not go to work after giving birth, but take time off to care for the baby, are also entitled to other payments.

1. The smallest benefit amount up to 1.5 for the first baby in 2015 is 2718.34 rubles.
2. For the second child – 5436.67 rubles.
3. Maximum – 10873.36 rubles.

Amounts indicated minimum size Even unemployed women are paid, and working women are entitled to 40% of average earnings. The calculation is carried out according to the formula: 730 * 30.4 * 40%.

Not only the mother of the child, but also the father, grandfather, and grandmother can receive benefits. If all the specified people are in currently for some reason are without work, then it is most logical to transfer this 40% to the person who had the highest salary level.

Documents required for calculating benefits

Working female employees receive all types of benefits at their place of direct service. If the entry into position does not occur, then what documents need to be brought to the company?

1. A document confirming the identity of the postpartum mother.
2. Baby's birth document.
3. A certificate confirming that the husband (or wife) does not receive this benefit at his place of work.
4. A certificate confirming a change of job (if this happened during the previous 2 years, which are used when calculating benefits).

Temporarily unemployed women all information is referred to Social Protection of the population. For unemployed persons, this list is slightly broader, namely:

1. Passport.
2. Baby's birth certificate.
3. If necessary, a court decision confirming the fact of establishing paternity for the baby.
4. Certificate of marriage or termination.
5. Original work book.
6. If parents are registered in different districts, then information from the Social Insurance Fund of another district should be provided.
7. Students must also attach to the specified list a certificate that confirms the fact of full-time study.
8. Bank details of the savings book or card to which funds will subsequently be transferred.

In custody

When an employee has not decided to return to work after the child reaches 1.5 years of age, then, according to the legislation of the Russian Federation, she writes an application in the proper form to extend parental leave from 1.5 to 3 years. But here the payment of benefits is already interrupted. Every woman must decide whether she should go to work and receive a salary, or whether it is better to stay at home with a child under 3 years old and earn nothing.
The Code of the Russian Federation quite fully regulates the employees’ return to work and the periods during which this may not be done, both with and without benefits. If an employee decides to go to work before her child turns 1.5 years old, then in this situation the benefit payment is not retained unless it has been re-registered to another person (family member).

The government of the Russian Federation faces complex issue– whether to increase the period for which it is possible to postpone going back to work while maintaining the payment of benefits. Bye, this project is only under consideration. Let's hope that it will be accepted and the “paid no way out” will be extended.

You need to work, because this period is taken into account when calculating future pension. A insurance part pensions are calculated based on deductions from salary and a period of care of up to 1.5 years. The other 1.5 years that a woman stays at home for up to 3 years are taken into account when calculating the insurance part of the pension, although they are included in the total seniority employee.

Officially employed women are entitled to maternity leave (hereinafter referred to as Maternity leave). This rule is enshrined in law in the Labor Code of the Russian Federation.

The legislative framework

At the legislative level, the right of working women in labor to maternity leave under BiR is enshrined in Article 255 of the Labor Code of the Russian Federation:

“Women, upon their application and on the basis of the issued according to established order certificate of incapacity for work, maternity leave is provided for a duration of 70 (in case of multiple pregnancy - 84) calendar days before birth and 70 (in the case of complicated births - 86, for the birth of two or more children - 110) calendar days after birth with payment of state social insurance benefits in the amount established by federal laws.”

Article 257 grants the same right to one of the adoptive parents. Wherein there is a legislative provision for maintaining the secrecy of placing a child in a family.

The introduction of this norm was determined by the following factors:

1. complexity of implementation job responsibilities at a sufficient level due to the state of the body;
2. necessity:
   • preparation for the birth process;
   • carrying out procedures to support the health of mother and fetus.

For reference! Women in labor who do not have official work, are not provided with maternity leave and related payments.

Leave is issued on the basis of a certificate of incapacity for work, taking into account the following facts:

1. early registration;
2. initiatives on the part of the worker (statement).

Rest time before and after childbirth is provided by personnel order. It provides the following advantages:

1. retention of the specialist’s workplace for the entire period of absence;
2. payment of benefits for BiR;
3. provision of the same place of duty at the end of the specified period.

Important: Women in labor who are fired can apply for benefits:

• due to the liquidation of production within a year by the time of application;
• as a result of the closure of an individual business;
• during maternity leave or parental leave;
• in some other cases.

Download for viewing and printing:

For what period is it provided?

The main document determining the duration of the special period is medical sheet for temporary disability. It is issued by the institution that monitors the expectant mother in the following periods:

• at normal pregnancy at 30 weeks;
• with multiple births - at 28.

The entire maternity leave is divided into two periods for which a general document is issued:

• prenatal;
• postpartum.

Adoptive parents have the right only to postpartum absence from service:

1. usually 70 days;
2. when adopting twins - 110.

The length of the special period depends on the health status of the women and the predicted methods of resolution. There are four separate cases established by law:

1. normal lasts a total of 140 days;
2. if during birth process complications arise, then an additional 16 days are given (total 156 days);
3. 160 days are due to women in labor living in areas affected by radioactive contamination;
4. 194 - mothers of twins.

For reference! The number of days before and postpartum rest is not reduced under any circumstances. It is not affected by the time of birth of the baby. Even premature release of a burden leads to the provision of time due by law.

Procedure for provision and registration

For receiving a special type of free days in the future Mom needs to perform the following operations:

• apply to management;
• attach a sick note to it.

Important! The administration of the enterprise has no right to demand other documents.

Women part-time workers can receive labor and labor leave at all duty stations. They must be issued and paid in accordance with legal regulations.

Do you need information on this issue? and our lawyers will contact you shortly.

About the certificate of incapacity for work

Sick leave is issued to all women giving birth. Even those women who for some reason refuse to take it. The procedure and timing for its registration are described in the order of the Ministry of Health and Social Development (No. 624n dated June 29, 2011). A health worker may be punished for violating it.

Monitoring of women in labor is carried out by:

1. gynecologist at the antenatal clinic;
2. paramedic;
3. general doctor.

The sheet indicates separately two deadlines:

• prenatal - 70 or 90 days;
• postpartum - 70 or 110.

Attention! An additional 16 days is usually issued in a separate document. It is provided by the maternity hospital if complications occur during delivery. Download for viewing and printing:

Special cases

Under certain circumstances, the doctor has the right to issue an additional certificate of incapacity for work. They are:

1. the appearance of undiagnosed twins (at 54 days);
2. Previously, resolution of the burden in the period from 22 to 30 weeks is considered a critical event (at 156 days).

Important! If a mother or child is diagnosed with a disease, they are placed in a hospital. Treatment is documented on a separate certificate of incapacity for work, which is not related to absence from service under the BiR.

How to write a statement

The initiative to provide prenatal rest days belongs entirely to the pregnant woman. She is obliged to notify her superiors of her desire and right. The application does not have a set form, that is, it is drawn up in any form. It should contain the following information:

1. in the header (in the upper right corner of the sheet):
   • addressee indicating surname, initials, position;
   • applicant in the format: full name and position;
2. the name of the document (in the middle) is “Application”;
3. gist of the paper (indented for margins):
   • request for leave under the BiR;
   • start and end dates, in accordance with sick leave;
   • request for payment of due benefits;
   • list of attached documents:
     • sick leave;
     • certificate of early production for registration (gives the right to a one-time payment);
4. date and signature with transcript.

Hint: a pregnant woman may not write an application immediately after receiving a certificate of incapacity for work. However, this will not lead to a postponement of the period and payment additional funds.

Creating an order

An application with the manager’s resolution is sent to the personnel officer. Based on it, the specialist writes a draft order. It contains the following information:

1. hat with company details;
2. name of the document “Order”;
3. gist of the paper:
   • about providing an employee ( Full namecompletely, position) vacation according to accounting and labor regulations indicating the start and end dates (for sick leave);
   • on the payment of benefits indicating laws and amounts;
4. list of reasons:
   • statement;
   • certificate of incapacity for work;
   • reference;
5. position and details of the manager who endorses the order.

Attention! The woman in labor must review the signed and registered order (sign and date). A document that does not have a number and date of creation is considered invalid.

When does the period of temporary absence from work end?

You can be officially absent from your place of duty until the date specified in the order. After the end of the vacation, the mother in labor faces a choice.

The concept of “maternity leave” does not exist in legal practice. This is how people talk about vacation when a woman is going to become a mother.
Every woman has the right to “go on maternity leave.” This concept means:

• maternity leave;
• leave to care for your child until he reaches 1.5 years of age;
• leave to care for your child until he reaches 3 years of age.

The right to maternity leave in 2018 is guaranteed to every woman under Art. 255 of the Labor Code of the Russian Federation and Art. 256 Labor Code of the Russian Federation. Among the women entitled to such leave:

• working on employment contract;
• having official unemployed status;
• female students;
• military personnel;
• working in military departments as civilian personnel.

A woman who works officially under an employment contract has the right to receive maternity benefits, and then child care benefits. If a woman does not work, she can receive child care benefits through organs social protection at the place of registration.

According to Art. 255 of the Labor Code of the Russian Federation, paid maternity leave is provided to a woman:

• at normal course pregnancy for a period of 140 days - 70 days before birth and 70 days after birth;
• If childbirth is complicated and a woman undergoes a cesarean section, the maternity hospital doctor has the right to extend her postpartum leave for up to 86 days. The total duration of vacation will be 156 days;
• If a woman is expecting two or more children at the same time, then she is allotted 84 days before giving birth, and 110 days after giving birth. These days are paid based on the woman’s average earnings over the last 2 years.

Maternity benefit

In 2018, only women who are officially engaged in labor activity, since it is paid from the social insurance fund. Contributions to this fund come only from official salaries.

According to the Federal Law of May 19, 1995 No. 81-FZ “On state benefits citizens with children have the right to receive such benefits following categories women:

• officially employed;
• women who were dismissed in the period up to 12 months before such leave from a liquidated enterprise;
• female students studying full-time and receiving a scholarship;
• women who pass military service by contract;
• women who belong to all of the above categories, but who adopted a child under 3 months of age.

If a woman simultaneously acquires the right to receive care and pregnancy benefits (as in the case of adopting a newborn), then she can choose only one type of payment.
If a woman does not go on vacation, but continues to work and receive a salary, then she loses the right to maternity benefits. An employer does not have the right to pay a woman both wages and benefits.
If a woman has worked at her main place of work over the past two years, as well as part-time, then both employers must pay her benefits.

Maternity leave benefits are provided to a woman on the basis of the following documents:

• sick leave. It is formalized at the antenatal clinic, where the woman is registered. The doctor who delivered the woman has the right to extend sick leave;
• an application addressed to the employer with a request to grant her maternity leave. It is written in any form, but on the organization’s letterhead;
• a copy of the woman’s passport - page with photo and registration;
• number of the card or bank account where the benefit will be transferred. A woman can receive it in her hands. This is not prohibited by law;
• certificate of income from the place of work. It is issued by the accounting department and is a confirmation of the calculated benefit;
• application for payment of benefits. It is written in exactly the same way as a vacation application, but indicates a request to pay benefits.

A sick leave certificate is issued immediately for either 140 days or 184 days (for multiple pregnancies). It closes immediately on the day of issue.

To apply for maternity leave to care for a child up to 1.5 years old, a woman must prepare the following documents:

• a copy of the baby's birth certificate;
• an application addressed to the employer to grant her leave to care for her child until he turns 1.5 years old. The application is written in any form or on the company’s letterhead;
• a certificate from the husband’s work that he does not use this leave and does not receive benefits;
• a copy of the passport photo and registration pages;
• number of the card or bank account where the benefit will be transferred;
• application for payment of child care benefits to her. It is written in the same way as a vacation application, but with a request for payment of benefits.

Maximum benefit amount

The maximum amount of maternity benefit is limited by law. It is not the benefit itself that is limited, but the maximum amount of a woman’s earnings per year.
In 2016, the maximum earnings of a woman are 718 thousand rubles, and in 2017 - 755 thousand rubles. These periods will be used to calculate payments to women who will go on maternity leave in 2018.

To calculate maternity payments in 2015, it is necessary to use the woman’s earnings for 2014 and 2013. In 2013, the maximum annual income was 568 thousand rubles.
The maximum benefit amount in 2018 is (755,000 + 718,000) / 730 * 140 = 282,493.40 rubles.

To calculate child care benefits you also need average earnings women. The amount of such benefit is equal to 40% of average earnings for the last 2 years, but not more than the maximum value established by law.
The maximum amount of such a benefit in 2016 is equal to (624,000 + 670,000) / 730 * 30.4 * 0.4 = 21,554.82 rubles per month.

How is maternity leave paid?

The benefit is paid in the amount of 100% of the average earnings of a “maternity leaver” for the last 2 years, regardless of his length of service with this employer. This is stated in Federal Law No. 255 dated November 1, 2011. That is, for a woman going on maternity leave in 2017, it is necessary to use earnings for 2015 and 2016 for the calculation.
To calculate the average salary, you must take into account:

• the salary itself;
• bonuses;
• vacation pay;
• travel allowances;
• other payments related to labor and specified in the 2-NDFL certificate.

To calculate average daily earnings, you need to take the number of days over 2 years. This is 730 days (731 if the year is a leap year). But it is necessary to exclude from the calculation:

• days when the woman was on sick leave;
• previous maternity leave;
• previous leave to care for your child up to 1.5 years;
• administrative leave;
• other periods of work when wages, and, consequently, contributions to the Social Insurance Fund, were not accrued.

Payment for maternity leave occurs within 3 days from the moment the woman brings the sick leave.

Foreign citizens who work in Russia under an employment contract are paid maternity benefits according to Russian legislation from the Social Insurance Fund.
According to the same rules, benefits are paid to citizens of Belarus, Armenia and Kazakhstan.

How to calculate maternity benefits

Calculating maternity benefits in 2017 must begin by calculating the employee’s annual income for 2015 and 2016. If accounting is maintained correctly, the amount of income can be taken from the certificate in Form 2-NDFL.

Then you need to calculate the actual number of days that are excluded from the period. This is done on the basis of personnel documents.
A woman’s insurance experience does not affect the fact of receiving benefits, but its size. If a woman’s work experience is less than 6 months, then maternity pay is calculated based on the minimum wage. In 2016 it is 6,204 rubles.

The calculation of maternity leave is made by the doctor of their antenatal clinic, where the woman is registered. As a rule, a woman goes on maternity leave at 30 weeks (in case of multiple pregnancy - at 28 weeks). The day of care is calculated by the doctor based on medical indicators women.
Sick leave is immediately issued for 140 days or 184 days. In the normal course of pregnancy, but in case of complicated childbirth, the maternity hospital doctor extends the postpartum period up to 86 days. The employer will be required to pay additional benefits for these days.

Benefits are calculated in total for the entire vacation. In Art. 15 of Law No. 255-FZ states that a woman must receive this benefit no later than 10 days from the date of delivery sick leave the employer or on the nearest date of payment of wages or advances to other employees. The benefit can be received in person, or via a bank account or bank card. This is not specified in the law.
Child care benefits are paid in the amount of 40% of the average salary per month. The calculation of such benefits is similar to the calculation of vacation pay and maternity benefits.

Calculation example

For example, a woman had a salary of 24,000 rubles for the last 2 years. None additional payments she didn't receive it. She worked completely for 2 years, that is, she has no deductible periods. Maternity leave is 140 days.
The maternity benefit will be equal to: (24,000 * 24) / 730 * 140 = 110,465.70 rubles.
Based on the same data, for up to 1.5 years of age this woman will receive benefits in the amount of (24,000 * 24) / 730 * 30.4 * 0.4 = 9,594.70 rubles.

If a woman has official unemployed status, then the benefit is calculated based on the minimum amount of unemployment benefit. That is, she will receive: 438.87 / 30 * 140 = 2,048.06 rubles. And for child care (438.87 * 24) / 730 * 30.4 * 0.4 = 175.45 rubles.

If a woman’s work experience is less than 6 months, then the amount of the benefit will be calculated based on the minimum wage. Its value in 2016 is 6,204 rubles.
A woman will receive a benefit in the amount of: (6,204 * 24) / 730 * 140 = 28,555.40 rubles.

The minimum wage is also used to calculate child care benefits. Based on this, a woman will receive child care in 2016 (6,204 * 24) / 730 * 30.4 * 0.4 = 2,480.2 kopecks.

Number of vacation days

The number of days of maternity leave in 2017 is determined in Art. 255 Labor Code of the Russian Federation.
If the pregnancy is proceeding normally, then the woman goes on vacation at the 30th week for 140 days - 70 days before giving birth and 70 days after giving birth. In case of multiple pregnancy, a woman goes on maternity leave at the 28th week for 184 days - 84 days before birth and 110 days after birth.
If a woman gives birth with complications, the maternity hospital doctor extends her sick leave for postpartum period from 70 to 86 days. In case of a previously known multiple pregnancy, sick leave is not extended.

A woman goes on maternity leave to care for a child up to 1.5 years old. The calculation starts from the date of birth of the child, according to the birth certificate.

Second maternity leave without leaving the first

A woman has the right to go on a second maternity leave without leaving the first. How then to calculate maternity benefits, as well as child care benefits?

For example, a woman went on maternity leave in 2014. To calculate the benefit, income for 2013 and 2012 was used. In 2016, she went on maternity leave again, without ever returning from the first one. For calculations, you need to use 2015 and 2014. But at that time she was on maternity leave, and this period is not taken into account. What should I do?

First, you need to submit an application for termination of the first maternity leave, and for a second maternity leave. A woman has no right to receive 2 benefits at once.

To calculate benefits for the second maternity leave, the same periods will be used as for the first time. That is, based on the example, for 2012 and 2011.

At the end of maternity leave, a woman has the right to receive a second leave to care for her child until he turns 1.5 years old. The care allowance will also be calculated based on the woman’s annual earnings for the last 2 years before the first maternity leave.