For happy parents who do not have problems with receiving maternity payments, information about who pays maternity payments - the employer or the state, is interesting insofar as it is. But there are situations when information about the payer maternity benefits practically vital.
In accordance with the law “On compulsory social insurance in case of temporary disability and in connection with motherhood” dated December 29, 2006 No. 255-FZ, the calculation and payment of maternity benefits (benefits for pregnancy and childbirth and childcare benefits) is carried out by the employer. However, further the Fund social insurance The Russian Federation returns the funds spent by the employer on the payment of benefits to maternity workers.
A somewhat simplified procedure looks like this:
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But to think that the Social Security Fund returns money to everyone just like that is wrong. Documents submitted for reimbursement are strictly checked. Therefore, not only a correctly issued sick leave, but also a correctly calculated allowance is of great importance.
In addition, with a high degree of probability it can be said that the desire to receive sick leave benefits for pregnancy and childbirth will alert the employees of the fund in the case when the employee is hired almost before leaving on maternity leave, especially if before that he did not work or was at work a lot break. The practice is such that in such situations, the money spent on maternity payments is not returned to the employer.
However, there is a reverse situation when the Fund accepts the report of the employer, transfers money for maternity payments to him, and the employer delays or does not pay maternity payments. What to do in this case?
The most unpleasant situation that can happen to a woman on maternity leave in terms of receiving payments is the unexpected closure of the organization where she worked before the decree. Who pays maternity - the state or the employer - in this case?
The legislator insured workers in this case. In accordance with the current legislation, if the organization is liquidated, or the employer does not have enough Money on the account, or it is impossible to find an employer, then payments are made by the territorial body of the FSS.
In these cases, you need to contact the Social Insurance Fund of the Russian Federation at the location of the employer with all available documents confirming the right to receive maternity payments.
Financial support from the state for the period of maternity leave and while caring for a child under 3 years old is provided for by the law of the Russian Federation.
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Payments are guaranteed to officially employed women and unemployed, but under certain conditions.
The basis is sick leave, which will be issued in antenatal clinic where a woman should be registered throughout her pregnancy. But even if she is not registered, when she goes to the clinic, she is required to issue a certificate of temporary disability.
Every woman who is going to give birth to a child needs to know how maternity pay is calculated.
If desired, a woman can calculate their size herself long before childbirth. Thus, she will know what material support she can count on.
Registration of maternity important process in which the employee and the employer are involved:
The decree is issued from the day from which the sick leave will be issued.
The document not only guarantees the payment of benefits, but, during the vacation, a woman cannot be fired and this period is counted towards her total length of service.
A pregnant woman, like a woman who has given birth, has every right not to issue a decree, but to work on a general basis, if health permits. Then the allowance will not be credited to her.
By law, she must take sick leave and go on maternity leave before giving birth.
If she does not do this, then after the birth of the child she will lose the maternity leave payment and immediately go on parental leave.
If you decide to go on maternity leave later than expected, but before the birth, the sick leave will be issued retroactively, and the total number of days on vacation will remain.
The sick leave is issued by a doctor who has observed a woman. It indicates the period in weeks and the expected date of the onset of labor.
By law, women can go on maternity leave at different times, which, for example:
If a woman has a premature birth, when she has not yet had time to go on maternity leave, then the sick leave will be issued to her after and for the prescribed period.
After the sick leave is on hand, the woman hands it over to the employer and, if necessary, submits other documents.
By law, any sheet of temporary disability can be submitted to the employer within six months after registration.
Maternity leave is issued in the same way as a regular vacation. When the necessary accounting calculations, together with the documents they will be sent to the FSS.
On legal grounds, if a woman feels unwell, she can go on maternity leave ahead of time, this will not affect the amount of the benefit.
To do this, you need to go on annual leave right before the decree or go to the hospital for treatment, where a regular sick leave will be issued during this period.
The decree is issued in the presence of:
If a woman works part-time and she is entitled to benefits from only one employer, she must submit a certificate to the one who will pay, that the other insured does not pay.
When the length of service is less than 2 years, a certificate of income from another place of work for the previous period will be required.
It is also allowed to make a replacement of one or two previous years for which average monthly earnings for the payment of benefits.
This is beneficial for those women whose income today is less than it was yesterday, as well as for those who have been on maternity leave and received benefits over the past two years. To do this, the employer will require you to write an application for replacement of the year.
Maternity leave, its terms and the amount of the accrued allowance, as well as social protection for each pregnant woman, are argued by legal documents.
These include the Labor Code (Articles 81, 255, 256) and Federal Laws:
Leave to care for a child at a younger preschool age can be issued to any relative who will take care of him, the same person receives an allowance.
But a paid maternity leave for the period before and after childbirth can only be issued to a pregnant woman who is officially employed.
Non-working women can also receive benefits, but under certain circumstances.
To calculate benefits, you must take income for the last 2 years, including all additional payments, except for those for which contributions to the FSS were not accrued, and divide the amount received by 730 days.
The resulting number, called the average daily earnings, is multiplied by the number of days that are indicated in the sick leave. The payment of maternity leave is 100% of the accrued amount.
This standard formula is convenient to use if a woman has more than 2 years of experience at her last job and her income was constant.
But there are special cases when she worked part-time or had no income, the experience was less than 2 years, then the calculation will be made individually for each individual situation.
In the absence of income, accrual is based on the minimum wage or for other years that can be substituted for the calculated ones based on the woman's application.
If a woman has several employers, then one or both will accrue and pay benefits depending on the length of service in each production.
From the moment a woman goes on maternity leave, she will receive a lump sum, which will depend on her average monthly earnings and the number of days indicated in the sick leave.
This amount does not depend on the number of times a woman gives birth.
The minimum allowance for the first child in 2019 is 2718 rubles.
His woman will be able to receive monthly when it ends maternity leave and she will take parental leave until the age of 3. This allowance is paid until the child reaches the age of 1.5 years.
From this age and up to 3 years, a woman is entitled to a monthly compensation of 50 rubles.
On average, it is considered that the size monthly allowance is 40% of the average monthly earnings of a woman, which she had for 2 recent years.
Many women ask how maternity pay is calculated in 2019 and beyond.
The minimum amount established by the state in 2019 is 5436 rubles.
This allowance, received up to 1.5 years, will be with the woman every month after she takes leave to care for the baby.
In this case, up to 3 years, a woman also receives 50 rubles for each child. per month.
A woman receives maternity pay accrued for the period before and after childbirth, for the days indicated in the sick leave:
The payment of maternity leave is 100% of the accrued amount.
On parental leave, a woman receives approximately 40% of the average monthly income for the first and 2 times more for each subsequent one.
If her total experience is less than 6 months, then maternity payments will be calculated based on the size of the minimum wage in 2019 - 7500 rubles.
The average earnings are calculated for the last 2 calendar years, but not the current ones. This earnings primarily affects the amount of benefits that a woman will receive.
It includes all income for which contributions to the FSS were accrued, divided by the number of days for 2 years (730).
If a woman works for several employers, then she provides each separately issued sick leave, on the basis of which payments will be made to the enterprise.
But provided that the experience at each enterprise is more than 2 years. In other cases, one employer is obliged to pay the allowance, and the woman can choose which one.
If it turns out that the woman had no income or it is too small, it is allowed to make a calculation according to previous years, of her choice, by writing an application for replacement of the year. To do this, you need a certificate of income for the period for which maternity will be accrued.
The woman provides her to a new place of work, where maternity is accrued and paid.
If a woman goes on maternity leave in 2019, the average daily earnings are taken to calculate total income women for 2019-2015
For each year, the legislator has established a certain amount, above which the total income cannot be taken for calculating benefits.
Therefore, in 2019, the maximum average daily earnings, which is used to calculate maternity leave, should not be more than:
624,000 (2014) + 670,000 (2015) / 730 = 1,772.60 rubles
If the woman's SDH is above this threshold, the accountant is required to use the figure 1772.60.
For example, for a standard maternity leave of 140 days, a woman can be paid the maximum: 1,772.60 rubles. * 140 = 248,164 rubles.
The minimum threshold for calculating maternity leave is taken based on 1 minimum wage in 2019, which is equal to 7,500 rubles.
This applies to women whose average monthly earnings for the last 2 years are less than 7,500 rubles. and those with less than 6 months of experience.
The minimum average daily wage in 2019 cannot be lower than:
7500 (minimum wage) * 24 months / 730 days = 246.57 rubles.
If during the accrual it turns out that the SDZ is less, then the figure 246.57 is used.
For example, for a standard maternity leave of 140 days, a woman can be paid the minimum: 246.57 rubles. * 140 = 34519.80 rubles.
A woman going on maternity leave is interested in the question of how long maternity leave will be charged to her.
By law, after the submission of documents and
During the decree, a woman is entitled to all kinds of benefits so that she has enough money to raise and support a baby until she herself can work. Thus, the state takes care of the young mother and her child. We will talk about what kind of social support a woman is entitled to on maternity leave in this article.
adopted in Russia the federal law No. 255 regulating compulsory insurance for temporarily unemployed women due to the birth of a child. The law does not define payments for mothers without formal employment, even in the event of pregnancy, but support from the state can still be obtained. There are payments due at childbirth, even if the mother does not have a job. If a woman wants to receive social support from the state, she should register the absence of work at the employment center.
A pregnant woman can count on money from the 30th week of pregnancy, provided that she is registered as unemployed. Due to the lack of work, one can register at any time and no one can refuse this right during the applicant's pregnancy. After giving birth, the mother will be able to take a vacation with the help of a sick leave, but immediately after that, she will stop receiving unemployment money.
Unfortunately, mothers who do not work officially, who rely on social benefits, will receive as support from the state much smaller amounts than working citizens receive. Any parent can receive maternity leave. If the husband of a young mother works, then he will be able to receive the necessary support at his enterprise.
Bodies (department) of social protection of the population provide for payments to the following categories of persons:
These categories of citizens can receive financial support at the place of registration or actual stay.
Benefits for pregnancy and childbirth cannot be paid to non-working women from the current account of the social insurance authority, where enterprises make monthly contributions. From this account, money can be transferred only to employed mothers who have gone on maternity leave. Moreover, not all unemployed women can count on social support. According to the law, money is relied on only in such conditions:
If a citizen leaves the enterprise of her own free will, she is not entitled to maternity financing. Only those unemployed pregnant women who are registered with the social security and insurance fund can receive state support. The fund will be obliged to transfer money to them monthly.
A full-time mother of a child who is one and a half years old can receive money for bearing a fetus, permission from pregnancy and further maintenance.
The amount of assistance for an unemployed citizen to care for a small child is calculated based on the amount of unemployment subsidies. If a woman is not employed or was fired at her own request, she can only receive minimum payments equal to 613.14 rubles per month.
When applying for a student allowance, its size will directly depend on the amount of the scholarship received. Day students educational institutions receive payments according to the amount of the scholarship established federal budget. It doesn’t matter if the girl is studying on a budget or contract basis.
If the girl previously worked and was fired, the calculation of the amount of the allowance due to her is carried out taking into account the previously received salary. However, the break in work should be less than a year. In the first 3 months after leaving the last job, mothers are paid 75% of average salary per month, the next 4 months, the allowance will be only 60% of the previously received salary. After the expiration of the year, the amount of payments will be reduced to the minimum minimum wage rate.
Regardless of the status, availability of work, every pregnant citizen of Russia has the right to social benefits. She is entitled to benefits during the development of the fetus and to care for the baby. The legislation provides for various forms of support for families when applying for social protection.
There are several types of financial support:
The one-time payment for a birth in 2017 is 16,350.33 rubles. on a child. Monthly financial support until the baby reaches one and a half years is 3065.69 rubles. At the birth of a second woman, support is due in the amount of 6,131.37 rubles a month. This amount of support is due to part-time citizens working part-time and student students.
If a girl receives an allowance at the birth of a baby, she will be offered a choice of two options for receiving financial support. The first of these involves further transfers of money due to unemployment, the second - the replacement of unemployment payments with payments that rely on child care.
The legislative provisions of the Russian Federation allow, in which a woman works unofficially or does not work, at the birth of a child, receive food for the baby from the dairy kitchen until the child reaches 2 years of age. In the absence of a dairy kitchen near the place permanent residence families, social protection services should assign the family regular payments, which should be enough to compensate for the cost of food not received. The amount of such compensation depends only on the region.
Families below the poverty line, in which parents do not have permanent employment, are entitled to payments for the maintenance of minors, the amount of which directly depends on the number of children. To receive support, it is necessary that the income received for each family member does not reach the established living wage. Also size state support depends on the region where the family lives, but usually is about 300 rubles per month for each baby. That is, a mother of two children will additionally receive about 600 rubles a month.
Payments also rely on adult children studying in higher, vocational or secondary technical educational institutions. For them, the money is transferred to the mother every month until the end of the child's studies.
For clearance unemployed mother must apply to the social security authorities at the place of residence. She will have to prepare a whole package of documents confirming the right to receive state assistance. In order to receive the due support for pregnancy and permission from childbirth, you need to prepare:
To this package of documents, student girls will need to attach a certificate from a university or institute confirming the form of education. After 10 days from the date of submission of documents, employees in the bodies of social protection of the population must decide on the possibility of assigning benefits to a woman.
To apply for state support for her young child, an unemployed woman will have to contact the social security service and provide employees with the following set of documents:
According to the law, which strictly regulates the making of payments and the attribution of state support to pregnant women and mothers, the social security service must consider awarding payments to a woman within 10 days after receiving the relevant application and supporting documents. After confirming the possibility of transferring support funds, transfers will be made monthly, no later than the 26th day of each month. Money can be transferred both to the applicant's bank account and transferred by mail.
Of course, the amount of subsidies to unemployed pregnant women and mothers is very small. The state is trying to increase the amount of assistance, but so far there is frankly little money. It remains only to hope that in the future the amount of payments will increase, and today it’s easy to get maternity, which you are entitled to by law.
With the advent of a child in every family, not only new pleasant chores appear, but expenses also increase significantly, especially since all the burden of material support family rests, as a rule, on the shoulders of the father.
The state takes a number of measures to support families with children, including the payment of special benefits and the provision of working women who are expecting a child.
For example, all of them, regardless of length of service, receive payments and benefits on maternity leave. The USSR became the first state in the world in which, since 1917, they began to provide women with such a look. The right to it and the payment of insurance coverage to all pregnant women is reflected in articles 225 and 226 of the Labor Code of our country.
The introduction of such a leave is due to the fact that in late pregnancy, for health reasons, it is already difficult for women, and with a difficult course, it is impossible to fulfill their duties, in addition, the expectant mother needs time to prepare for the appearance of the baby.
Maternity leave, popularly referred to as "maternity leave", involves exemption from work while maintaining the length of service and place of service and the receipt of social benefits produced by the employer or local branches of the FSS.
Maternity leave divided into two parts, its duration depends on some conditions and may be different:
Going on vacation, a woman receives on pregnancy and childbirth, it is based on her income, the average for the last two years.
If a woman works immediately not in one, but in several labor collectives, then maternity leave is granted at each place of work.
Parents can also count on receiving compensation payments:
If a woman, while on maternity leave, expecting a second baby, then all the monetary content, and provided to her again in the same way.
All working women, including those liable for military service, students, employees of military organizations, but who are not military personnel, as well as those registered at the labor exchange, can take advantage of the right to receive maternity leave.
Financial support the state pays women:
If the length of service before going on maternity leave is no more than 6 months, benefits and compensation in this case will be calculated based on the size.
The level depends on the length of service and labor income of the last two years. Value maternity benefits is calculated by multiplying the days of vacation by the average daily earnings.
It is defined as follows: from the sum of the average monthly wages of the expectant mother for the two years worked before going on vacation, all periods of disability are excluded, and past maternity leave is also included here. Next, the resulting number is divided by 730 days (or 731 if one year turned out to be a leap year).
If a woman worked in two places, then her wages at both enterprises are added up in the calculation. If she also continues to work in two collectives, then the allowance is paid in one at the choice of the worker herself.
If the average wage as a result is less than the level minimum size salary or work experience of no more than 6 months, all calculations will be made on the basis of the minimum wage rate (in 2019 it is equal to 11 280 rubles).
In order to calculate how much can be expected as monthly child care allowance, the value of the average daily income must be multiplied by 30.4 (the average number of days in a month) and the percentage of income (0.4).
Since the minimum wage approved in 2019 is taken for calculation, the most small amount benefit will be:
The largest amount is limited by the scale of average earnings, from which Social Security deductions are taken. The size of the insurance base in 2018 is 815,000 rubles, and in 2017 - 755,000 rubles. For the calculation, the level of salaries of the last two years is taken, the values of the insurance bases of that period are used, that is, 815,000 and 755,000 rubles.
So in 2019 maximum you can get depending on the duration of the vacation is:
Benefit for caring for a child up to 1.5 years must be at least 4512 rubles for the first and 6554.89 rubles for the second and subsequent children.
If several babies are born at once, then the allowance is paid separately for each.
After all documents are submitted to the personnel department or accounting department, the organization prepares an order for vacation and payment of all due funds. Settlement must be completed within 10 days, and payment can be made on the next transfer date wages. The entire amount is issued at a time for the entire period of vacation.
Approximately according to the same scheme, the issuance of funds of an additional one-time allowances for registration early dates pregnancy and maternity benefits. Having received the application and documents, the employer or other body making the payment must pay them to the woman within ten days. This can be done on the day of receipt of salary or on any other day no later than the 26th day of the month following the one in which the documents are submitted.
In order to go on vacation and prepare for the birth of a baby, as well as receive all payments due, a woman must collect and submit the necessary documents on time.
For vacation for pregnancy and childbirth to the HR department:
To count on monthly funds child care allowance you need to prepare:
In order to receive a lump-sum childbirth allowance, the father takes a certificate from his employer stating that he was not paid it. Documents are handed over before the child is six months old.
Women who do not have permanent place jobs, also get childbirth and pregnancy allowance if they are or are full-time students. You need to apply for obtaining the local authorities of the FSS or the administration educational institution- for female students.
To do this, a sick leave certificate, a certificate from the antenatal clinic, a document from the place of previous work or a work book, a certificate that the woman is registered as unemployed at the Employment Service is attached to the application. The father may receive benefits from his employer.
For information on what payments are due during the decree, see the following video:
This issue is very relevant, and occupies the thoughts of a future young mother along with worries about acquiring the necessary baby things. This article will help you understand the timing of such payments and learn about the features of state social support for motherhood and childhood.
So, when is maternity pay paid, before childbirth or after? Legislators answer this question unequivocally: they pay maternity leave before childbirth. And not just before childbirth, but adhering to the established rules.
Before giving birth, the expectant mother will have to register with a doctor, and if she does this in the early stages (before 12 weeks of pregnancy), then, on the basis of a certificate issued by a medical institution, she will receive at her place of work the first incentive benefit for pregnancy and childbirth, amounting from 01.02 .2017 RUB 613.14 This is a fixed payment, and its size is periodically indexed, as reported in legislative acts.
It happens that after the birth, the need to extend the release from work is discovered (for example, the birth was unexpectedly difficult or two children were born). In this case, the period of the decree is extended to the established limits, and the payment terms remain the same - 10 days from the date of filing the disability certificate with the company. Naturally, this additional payment is made already in the postpartum period.
So, we answered the question of when maternity pay is paid, before or after childbirth. I must say that even after the birth of a child, a woman (or spouse) has the right to receive a one-time allowance for the birth of a baby and arrange paid leave to care for him until the age of 1.5 years. But these payments are made already in the postpartum period upon the birth of a child.