The minimum maternity benefits in accordance with current legislation are reserved only for working women. The exception is for those who were fired when the company was liquidated. Maternity leave for non-working mothers (other than those recognized as unemployed after being dismissed at company closure) are not provided.
As a rule, unemployed mothers are provided with child benefits only after the baby is born (in the form of a lump sum payment at birth and care for up to two years, which unemployed receive through social protection bodies of citizens). These features of maternity leave will be discussed later.
How many days does maternity leave last?
Currently, the legislation of the Russian Federation does not define such type of leave as maternity leave. The type of vacation is named that way according to the document "Decree on the payment of maternity benefits", in accordance with which they began to pay the specified material support.
Correctly, this stage is called maternity leave. Its duration is recorded in the Labor Code of the Russian Federation. How many days does maternity leave last? In accordance with this document, during pregnancy and childbirth, the number of vacation days should be at least 140. At the same time, the duration before and after the birth of a child can be modified both upwards and downwards, while maintaining the full number of days.
The time of maternity leave will be considered the date of issue at the medical department of the maternity leave. It is on the basis of this document that material assistance will be paid.
In what cases does maternity leave increase?
How many days is maternity leave in case of multiple pregnancy or complications? Based on the Labor Code of the Russian Federation, it can be argued that the decree can be increased in the following cases:
- If pregnancy and / or childbirth takes place with complications (for example, a woman lies on preservation during the bearing of a child or a planned cesarean section is prescribed for medical reasons), then the leave will be about 160 days.
- If an ultrasound scan revealed that the mother is expecting two or more children, the vacation will last 195 days.
- If the mother adopted two or more children under the age of four months, the leave will be 200 maternity days.
On maternity leave, expectant mother can be issued from the 30th week. At 29 weeks go on maternity in the event of multiple pregnancy. But the exact date of issuance of maternity leave depends on several reasons: the estimated date of birth for the first ultrasound scan (10 weeks), the next ultrasound scan, which is carried out at the 20th week and according to the gestational age, is taken into account. It often happens that all indicators fall on different dates, in which case the average value is displayed.
Formal Maternity Benefits
What benefits can pregnant women receive? Maternity benefits are due to women who are subject to compulsory health insurance. So, the following categories are entitled to receive official benefits:
- Working moms. The size of maternity allowances will be equal to one hundred percent of the average salary. Material support will be paid at the place of work.
- Performing service in the Supreme Court of the Russian Federation on a contract basis. Payments will be made at the duty station and equal to the size of the cash incentive.
If we talk about maternity payments to unemployed mothers, then we are talking about a certain circle of unemployed persons, namely:
- University students who study full-time. Payments will be made in the amount of the established academic scholarships at the university.
- Persons who have lost their jobs as a result of the liquidation of the company. The established amount of payments is 615 rubles.
- Entrepreneurs (IP) who paid insurance payments. For registration of benefits, you must contact the territorial Public Insurance Fund (FSS). The amount paid will be 35,000 rubles.
Such payments are relied not only on babies born, but also on adopted children under the age of four months.
Who is entitled to maternity allowance?
In order to receive benefits, the expectant mother must meet the following criteria:
- Be officially employed and subject to compulsory insurance. If it was reduced and recognized as unemployed after the elimination of a company or organization, then for 12 months it has the right to accrual of payments, if it is registered in the employment center.
- To study full-time in full-time in one of the universities or colleges.
- Consist of contract military service or work in law enforcement.
- To be part of the army formation of the Russian Federation on the territory of a foreign state, and the right to maternity payments in this case does not contradict international treaties.
- To be an individual entrepreneur (individual entrepreneur). In this case, the role agreement in the DSS (voluntary social insurance) for the individual in the FSS (public insurance fund) must not be violated. Insurance payments must be made within a minimum of the last 5 months.
Maternity leave with a minimum wage is still higher than payments to non-working mothers, so it’s better to try to get a job even in the early stages.
One-time maternity allowance
Maternity sick leave lasts 140 days: seventy calendar days before childbirth, and seventy - after childbirth, 160 days after childbirth with complication and 195 days in the event of the birth of two or more children. In this case, payments should be made depending on the duration of maternity leave.
How much are the minimum maternity payments? Regarding the size of the minimum maternity, the amount cannot be lower than the established minimum wage, which is currently 7,600 rubles.
In accordance with the current legislation of the Russian Federation, the size of payments varies from minimum benefits (35,000 rubles) to maximum values of maternity benefits (39,000 for complications of pregnancy and childbirth).
How is maternity sick leave calculated? The size of the minimum maternity allowance is 100% of the average income, and the process of paying this kind of material assistance does not have a connection with working qualifications.
Calculation of average earnings
In accordance with national law, the average income is calculated on material payments acquired over the past few years. Only those working days will be taken into account when the full accrual of salaries took place, respectively, vacation, sick leave and other holidays will not be included in the calculation.
In this case, the time with similar “burdens” on the application may be substituted for previous calendar years to increase the amount of payments. Accordingly, even the minimum amount of maternity will be higher. If a woman officially works in several organizations, maternity payments should be assigned and implemented in all companies where she is registered.
The minimum amount of maternity benefits will be higher if a non-working woman in the early stages gets any (even low-paying) work.
How can I calculate the size of maternity allowances?
You should use the special formula for the maternity calculator:
- The amount of the daily allowance must be multiplied by the number of days of maternity leave (minimum 140 days, 160 - during childbirth with complications, 195 - in the presence of multiple pregnancy).
- To calculate the average earnings per day, you need to summarize the entire salary for the past few years and divide by the number of days in these years, also when calculating this amount, it is necessary to exclude payments and sick leave.
The maternity calculator does not always give the correct results, so it is better to contact the accountant of your organization to find out how much will be charged.
When can I receive payment data?
Expectant mother should contact the medical institution at the place of residence at 28-29th week of pregnancy for maternity leave. The obtained certificate will need to be submitted to the employer. There are situations when a document is issued a few calendar months after the reduction, then subsidies are paid at the extreme workplace. The maximum term for processing benefits is no more than six months after the end of the vacation.
Vacation Application
A working expectant mother must write an application for decree and payment of benefits to the accounting and personnel department of the organization in which she is employed. As already mentioned, at the 30th week you need to go to the antenatal clinic and take a certificate. Help should be given to the accounting department. Then you need to write a paper in the name of the director. The application form is presented below. Within ten days after the appeal must list maternity.
Many expectant mothers for health reasons can no longer perform their duties in full even before the holidays, i.e., until the 30th week. In this case, you can arrange a regular paid sick leave for four weeks or take a vacation at your own expense.
What documents are needed to receive payments?
To arrange the appropriate vacation, you will need to collect the following package of papers:
- a certificate that is received at the nearest medical facility;
- a completed application for benefits;
- in the event that there have been several official places of work recently and maternity payments are made at the most extreme, a certificate is required that the calculation of funds in another place was not carried out;
- upon dismissal due to company elimination, maternity benefits are accrued by the social security department, provided that the woman is registered with the employment service and has a certificate of this;
- if it is impossible for the employer to pay benefits to the employee, they will be carried out by the insurance organization, the name of which can be found on the compulsory medical insurance policy.
So, to draw up a manual is quite simple, but there are some legislative nuances.