In our country, they try to take care of future mothers, young parents and their babies. Caring is expressed in various forms of financial support. Maternity hospital is one of such forms. What it is, by what rules it is calculated, you can find out from this article.
Sick or maternity?
First, decide on the name. You can often hear the expression “maternity leave”, but if you try to find the rules of calculation or the length of maternity leave in the official literature, then you are unlikely to succeed. The correct name is maternity leave or sick leave, maternity leave is the name we inherited from the Soviet Union.
Let's take a quick look at the story. This is very curious. In our country, unlike in Europe, for a very long time there was not even a concept of legislation that was designed to protect motherhood and childhood. In combination with poor quality of medical care, difficult working and living conditions, illiteracy, unpopular hygiene and other factors, this led to a high mortality rate among children and mothers.
Gradually, the situation changed. The first legislative acts and decrees began to appear, which were designed to bring order to the labor protection of future mothers. At the same time, they began to give their first leave before and after the baby’s appearance, to establish mandatory work breaks so that mothers had the opportunity to breastfeed. The first day nurseries and kindergartens began to open, dairy kitchens began to work.
A maternity hospital was established by decree of the Council of People's Commissars, and therefore it was popularly called maternity leave. In the literal sense of the word, this happened on November 14, 1917. This was a precedent. There was no such practice in the world before. The adopted decree kept the pregnant woman in the workplace, she also received the right to 112 days of vacation, which were paid.
How about in other countries?
Unfortunately, we really love the practice of scolding our country and blaming it for not taking care of its citizens, unlike the countries of Europe or the USA. In that case, it would be fair to compare what rights pregnant women and young mothers in other countries have with what we have.
In Israel, provide 14 paid weeks, in China from 90 to 120 days. In Finland, they give the opportunity to look after the baby for 9 months, while 80% of the payment and the workplace are saved.
In the USA and Australia there is no concept of paid leave. Mommy can take 12 weeks without payment. Two weeks before birth and 10 weeks after. Such a right is granted only after a year has been worked out in the company.
In Canada, they provide 17 weeks, pay only 15. Also provided Holiday to care for the child at 35 weeks, it is paid.
In Bulgaria, they provide 45 days before delivery and 3 years after delivery. This period is paid, the workplace is saved.
In Sweden and Norway, similar conditions. Eighteen months of paid leave. Three months out of eighteen with a baby is required to spend dad.
As you can see, good conditions are created for expectant mothers in Russia.
The right to receive paid leave before the baby is born and after the pregnant woman is fixed by the Labor Code of the Russian Federation, namely Article 255. Holidays for caring for a child up to three years are regulated Article 256 of the Labor Code of the Russian Federation.
Vacation duration
Calculation of sick leave for pregnancy and childbirth begins with the determination of its duration.Standard leave is 70 days before the birth of the baby and 70 days after. A total of 140 days. There are a number of cases where the duration increases. If a woman is pregnant with twins, then she is entitled to 84 days before delivery, and after - 110 days. In total, such a vacation will be 194 days.
If childbirth was burdened with complications, then 86 days are given after them. Accordingly, the total leave in the situation of childbirth with complications will be 156 days.
If a woman expecting a child lives in the territory with the right to resettlement (in the zone that was damaged by the accident at the Chernobyl nuclear power plant), then she is entitled to 90 days before delivery. In addition, she can count on measures to improve health, which should be carried out outside the dangerous territory.
Adopters of children under the age of three months also have the right to maternity leave, only it is set for a duration of 70 days if the child is one, and 110 days if there are two or more children.
An important point! Vacation is granted upon request only. This means that, if desired, a woman can not take advantage of leave, but continue to work both until the birth of the child and after. During this period, the employer will continue to pay wages. With this choice, a woman will not receive payment for sick leave during pregnancy and childbirth, since the Labor Code prohibits double payments. Violation will be fraught with penalties for the employer.
If a woman exercised her right to leave, but partially, then it must be calculated and provided completely anyway. This is established by the Labor Code.
Base for calculation
The calculation of the maternity sick leave is based on an indicator such as average daily earnings. In order to calculate it, you need to take two calendar years worked out by a woman before she went on maternity leave. If the sick leave is issued in 2016, then the calculation will require data for 2015 and 2014.
From this biennium, all that time that was paid from the social insurance fund (sick leave, parental leave) should be excluded. Only the period when a woman received wages is of interest.
Calculation Example
For simplicity of calculation and understanding, let’s say that the future mother’s salary was 10,000 rubles a month, and there were no periods of sick leave or parental leave for these two years. It turns out that the total amount of earnings for the specified period amounted to 240,000 rubles.
To get the average daily earnings you need to divide this amount by 730. We get 328.77 rubles. Now the last step is left. As mentioned above, there can be several options for the duration of the vacation: 140, 156 or 194 days.
We make the calculation of the sick leave for pregnancy for the first option: 140 * 328.77 = 46027.80 rubles. We consider the second case: 156 * 328.77 = 51288.12 rubles. We consider the last option: 194 * 328.77 = 63 781.38 rubles.
If not for the specified income period?
The right to leave and maternity leave has every working woman. Therefore, a situation may easily arise that a woman does not have two more full years worked. Either she was on maternity leave at that time with another baby or did not work at all. There are also cases when there is experience, but wages are at the minimum wage level or lower. How then is the calculation of the sick leave for pregnancy and childbirth?
In such a situation, the accrual will be made on the basis of the minimum wage, which is first multiplied by 24 months, and then the amount must be divided by 730 days. Consider an example. Since January 2016, the minimum wage was set at 6,204 rubles. We consider: 6204 * 24/730 = 203.97 rubles. Then we multiply by the duration: 203.97 * 140 = 28555.40 rubles.
This is the statutory minimum payout level. It cannot be lower, it will be a violation.
Payout limit
Just as there are restrictions on the minimum payout, there are restrictions on the maximum.The income that is included in the calculation of sick leave for pregnancy cannot exceed the maximum size of the base from which insurance premiums are paid to the Social Insurance Fund. The explanation is simple. The decree is paid at the expense of the funds that the employer transfers to the Social Insurance Fund. Accordingly, it cannot be charged from a base that is exempt from payment of contributions.
If we are talking about a benefit that is assigned in 2016, then the maximum income that can be taken into account for 2014 is 624 thousand rubles, and for 2015 - 670 thousand rubles. Based on these data, the amount of payment for a hospital standard duration cannot be more than 248 164 rubles.
Who and when draws up sick leave for pregnancy?
The sick leave is issued for a period of 30 weeks. You can get it at the antenatal clinic or at the gynecologist who is pregnant.
The form is used exactly the same as when applying for a sick leave certificate for temporary disability. The difference lies only in the cause of disability.
Required documents
To get paid, you need to contact the accounting department of the employer and provide the documents: sick leave, application for leave. If a woman has worked all the necessary period for calculation with the same employer who accrues, then no more documents will be required.
If not, then you need to provide a certificate of the amount of accrued wages from the previous place of work. Responsible employers issue it on the last day worked, along with a work book and 2-personal income tax.
Particular attention should be paid to the sick leave. This is the main document that guarantees benefits. It should be decorated strictly according to the instructions, there can be no errors in it. The duty to verify sick leave certificates for the authenticity and correctness of registration is assigned to the FSS employees.
Payment Procedure
When can I expect a maternity leave certificate to be paid? Assignment of benefits must occur no later than 10 days after all required documents have been submitted to the accounting department.
Transfer of funds is carried out on the earliest date of payment of wages from the employer. If for some reason the employer cannot make a calculation, for example, there is no money in the bank account of the enterprise, then the territorial branch of the Social Insurance Fund can pay.
Additional benefits for pregnant women and young mothers
What other benefits and social guarantees provide pregnancy and childbirth? Hospital we have already discussed in detail. If a woman registered early, she can apply for a one-time allowance in the amount of 581.73 rubles.
A young mother has the right to go on vacation with the goal of caring for her baby until he is three years old. Until one and a half years, leave is paid, then it is not paid, but at the same time, a woman should have a job. An exception to the rule is the liquidation of an enterprise. The right to go on vacation to care for the baby has not only mom, but also the father or other relative who will be directly with the child.
A pregnant woman does not have the right to refuse employment, nor can she be given a probationary period.
They do not have the right to dismiss a future mom, nor can they deprive a woman and a baby of up to three years of earnings.
Future mothers cannot be forced to work overtime, on weekends and holidays, or on night shifts, and they also do not have the right to send them on business trips.
A divorce from a pregnant woman or the mother of a child up to a year is possible only on her initiative or with her consent. So the legislation is trying to protect the rights of expectant mothers. In the event of a divorce, a pregnant woman can file for child support not only for the unborn child, but also for herself.
