Term "maternity leave" not contained in the current legislation. However, it is customary for them to call two types of leave at once - for pregnancy and childbirth and for caring for a baby.
The new law on maternity leave was not adopted in 2017, so registration is carried out in the same manner. It is important to consider the order, conditions and release date.
The term of maternity leave in 2017 is 140 days. Of this period, 70 days a woman rests before giving birth, and 70 days are allotted for recovery after the birth of a child.
The legislator establishes a number of situations in which the duration of the vacation is increased:
In other cases, leave is granted in the standard manner.
Calculation of maternity leave in 2017 - benefit amount
The calculation of maternity leave in 2017 is carried out in accordance with the Federal Law No. 255 of 2006, which establishes the amount of the benefit - 100% of the average wage.
Attention! If the insurance period (it is important not to confuse it with a worker) is no more than 6 months, then the benefit will be paid in the amount established in the subject of residence.
The following persons are entitled to receive maternity allowance:
- Women who have an official place of work and who performed a labor function at the time of going on maternity leave.
- Girls registered as individual entrepreneurs (since 2017). The amount of payments will depend on the amount transferred to the department of social insurance.
- Unemployed women registered with the employment center before going on maternity leave.
- Girls studying at universities full-time. The amount of the allowance is determined by the stipend paid.
The law establishes a formula on the basis of which it is calculated how maternity leave is paid in 2017:
Benefit amount = average earnings (per day) * number of vacation days.
The formula shows that the calculation will require knowledge of the average daily earnings (). To calculate it, you need to add up wages for the last 2 years (respectively, income for 2016 and 2017), then divide by 731 (number of days of work).
731 is a standard number that is not fixed and can change. It depends on the number of days worked. For example, if an employee took vacations at her own expense, then its duration is deducted from this number. This applies to periods of temporary disability and previous maternity leave (if any).
Unemployed women
Women who do not have an official place of work are entitled to receive a maternity allowance in the amount of 540 rubles. monthly. The average earnings of a non-working girl is 18 rubles. in a day.
Attention! Young mothers studying full-time at universities need to apply for the assignment of payments directly to their higher education institution.
If a woman was registered as an individual entrepreneur, but went bankrupt, or from her place of work during pregnancy (of her own free will), then the amount of maternity allowance will be 100% of the average earnings for the last 2 years.
Taxation
Maternity allowance paid to women in 2017 is not subject to income tax - they are not subject to insurance premiums. As before, it is necessary to take into account the maximum and minimum amount of payments. They are established at the legislative level, and in case of violation, payments are made according to the accepted norms of minimum and maximum.
So, the minimum amount of benefits depends on the established minimum wage. So, in 2017 it is 8800 rubles. Based on this, the amount of payments is calculated:
8800 * 24 months / 730 days * 140 days = 40.504 rubles. This is the minimum payment a woman can claim this year. It is important that the size of the minimum wage can be changed, while the calculation formula will not change, but the final values will be different.
The maximum amount of the allowance assigned in connection with going on maternity leave is 266.191 rubles.
Going on maternity leave
In order to go on maternity leave and receive benefits, an employee must contact the accounting department at the place of work (the personnel department at the place of study or the dean's office for students, the social protection department for the unemployed).
The first stage is the preparation of the application. The legislator does not establish a single sample, so it is drawn up in an arbitrary form. In some organizations, the accountant provides an example.
Its structure and content:
- "Hat". The position of the person for consideration of which the application is submitted, his full name is indicated.
- Title of the document. In the central part is indicated "Statement".
- Main part. The employee writes down the request - for the grant of leave, the accrual of benefits, indicates its duration and reason (details of the disability sheet).
- Date of submission of the application for consideration and signature.
The second stage is the collection of a package of documents. List of required papers:
- Sick leave (issued for the entire period of disability).
- Certificate of income (issued in the accounting department for the last 2 years).
- Details of the bank account to which payments will be credited.
Within 10 days from the date of submission of the application, the employer must take maternity leave and assign the payment of benefits.
Unemployed women
If an application for the calculation of payments is submitted to the department of social protection, if the mother does not have an official place of work. The order of its compilation is the same, but the list of documents looks different:
- A photocopy of the applicant's passport.
- Photocopy.
- Certificate obtained from the employment center, indicating non-receipt of payments.
- Baby's birth certificate.
- A certificate issued at the place of work of the father, confirming the non-receipt of benefits to them.
As in the previous situation, the decision on the payment of benefits is made within 10 days.
What do you need to know? Period substitution
A woman taking maternity leave may replace periods of employment used to calculate benefits. When it is necessary? For example, an employee recently returned from her first maternity leave and immediately announced that she was pregnant again. In accordance with the general rule, the salary received for the previous 2 years is used to calculate the benefit. It will be small, since the employee did not perform a labor function.
In this case, she can write an application, indicating a request to replace 1 or 2 years at once to calculate maternity payments by earlier periods. It is submitted to the employer when applying for maternity leave and sick leave. If a woman does not draw up and submit an application for a change of periods on her own, then the allowance will be calculated in the standard manner.
A woman planning to go on maternity leave should know a few nuances:
- Registration of the second part of the vacation occurs separately. It is recommended to do this as soon as possible after returning from the maternity hospital. By agreement with the employer and the procedure adopted in a particular organization, an application can be drawn up for two at once;
- The terms of the employment contract do not change when going on maternity leave, the employer does not have the right to dismiss a pregnant woman or a woman with a child under 3 years old. If the action expired during your stay on maternity leave, then it is automatically extended for its entire period;
- In a standard situation, a woman goes on maternity leave, being at the 30th week of pregnancy. If it is still far away, but it is already hard to work, then the employee can go on vacation paid by the employer. If it has already been used in the current working year, then leave for the next year is issued in advance. The employer does not have the right to refuse pregnant employees to provide it.
So, to go on maternity leave, you will need to draw up an application, collect a package of documents and submit them to the employer for consideration. The amount of maternity payments is determined by a formula established at the legislative level.
Many draw up and successfully take maternity leave, as well as childcare leave, but few people really know what the legislation says about maternity leave. But information is never redundant. It is with the aim of repeating what is already known and telling what you may not have known about, and this article was written.
Maternity leave in the legislation is described in the Labor Code of the Russian Federation
In this section, it is immediately necessary to admit that there is no such thing as a “decree” in the Labor Code of the Russian Federation (and indeed in any official legislative act). This name was formed among the people because for the first time in 1917 a decree on the payment of benefits for pregnancy and childbirth was adopted - the root cause was forgotten over time, and the habit of calling maternity leave was preserved. True, not a single official or official will call him that in documents, but in conversations everyone understands what maternity leave is. Sometimes they are also called parental leave, but much less often.
So what does the Labor Code of the Russian Federation say about maternity leave? According to the norms of labor law (Article 255), pregnant women, upon their application and a temporary disability certificate issued by a doctor of an accredited medical institution, are granted leave.
According to article 255, the total duration of leave is one hundred and forty days: seventy before childbirth and the same number after. In practice, this means (and is stipulated in the Labor Code) that it is not necessary to divide the due vacation so strictly. You can use, for example, twenty days before childbirth and one hundred and twenty after, or vice versa, as long as the total number is maintained. That is, if an employee took ninety days off before giving birth, then after them she can use only fifty no more.
The maternity leave regulation also states that in some cases additional days are due.
Keep in mind that the incremental term is not added together, but is used by the largest value. That is, for example, if two children were born, and the birth took place with complications, only forty days will be additionally calculated, and not fifty-six.
The law on maternity leave does not expressly stipulate that it cannot be reduced, but the code of labor laws states that the employer does not have the right to forcibly recall employees from their legal vacation, especially under the threat of dismissal. This also fully applies to the period of release from work for pregnancy and childbirth.
The only case when maternity leave can be reduced is at the employee's own request. This often happens if, for example, wages are much higher than benefits.
The law also provides for the possibility of reducing maternity leave if the pregnancy has to be terminated for medical reasons or if the child does not survive the first six days, but in these cases, the sick leave will last as long as it takes to fully restore the employee. The minimum period in this case (not counting the days already used) is three days.
The federal law on maternity leave regulates the payment of this period.
While the procedure for granting maternity leave and its general duration is stipulated by the Labor Code, the issues of payment for this period are dealt with by Federal laws. Since such a period of rest is formalized as temporary disability, it falls under the regulation of other insured events and is under the jurisdiction of the Ministry of Social Development and Population Protection.
The nuances of the calculation and payment of benefits are considered in the law "On the provision of benefits for temporary disability, pregnancy and childbirth of citizens subject to compulsory social insurance." In order to prevent fraud and make life easier for entrepreneurs and government offices, the provisions of this law are reviewed almost every year. At the moment (since January 1, 2013), the provisions of Law No. 255 of December 29, 2006 are in force.
The maternity allowance is paid at the expense of the Social Insurance Fund (which in turn consists of contributions and transfers of workers), but all calculations are made by employers - since they have the necessary information.
More recently, it was possible to use both the old rules and the new ones when calculating benefits, but from January 1, 2013, only the new ones.
What does the new maternity leave law say? The general principles remain unchanged: the allowance is calculated based on the billing period and average earnings. But the principles for determining the settlement period have changed.
This term means a certain set of fully worked calendar days in which the full salary was paid, from which all necessary contributions and taxes were deducted.
In the past, the twelve months preceding the maternity leave were taken as the billing period, and it was possible to write an application and ask to take another period. For example, if an employee went on maternity leave in March 2011, and between March 2010 and February 2011 she was sick a lot, took time off, and so on, and worked few days, and in the period from March 2009 to February 2010, vice versa, neither didn’t miss a day, she could ask to take exactly the second time period for the billing period.
The new law on the payment of maternity pay says that the last two years worked are taken as the billing period, and this remains unchanged.
In addition, from these two years it is necessary to subtract:
Thus, it may turn out that out of 730 days only 400 or 650 will be worked out - this is the number that will be taken into account.
The law on the accrual of maternity pay stipulates that each day of maternity leave must be paid from the amount of the average daily earnings. How is this amount found? By adding up all tangible and intangible funds paid for the billing period and dividing the total number by the total number of days worked in the billing period. What is taken into account when calculating payments? Following:
Of course, according to the norms of the federal law on maternity leave, the more days worked in the billing period, the higher the average daily earnings. But it should not exceed the amount of 1,335 rubles 62 kopecks (the norm of 2013) per day. Anything over this number will simply not be taken into account.
The new law on maternity leave up to 3 years is still under consideration
If during maternity leave a lump-sum allowance is paid, which consists of the average daily earnings multiplied by the total number of days, then the period of child care is paid somewhat differently. During this time, a certain fixed amount is due monthly, which will be issued only until the child reaches one and a half years. In 2013 it is:
Since not only the mother, but also the father or even grandparents can go on parental leave until they reach a certain age, it is logical to send the family member whose forty percent of the salary will be the highest to go on such “vacation”.
Currently, a law on maternity leave up to 3 years is mentioned, but so far this is only under consideration. Even if it is adopted, it will primarily concern large families that have three or more children.
About two kinds maternity leave we will talk in this article:
This year, the payment of maternity benefits has not changed, and all calculations will be made according to the old scheme. An increase in the amount of payments is also not expected, however, there are some nuances, the knowledge of which will be very useful for the expectant mother.
Maternity leave in 2017 new law does not change the main provisions, but there are amendments:
In any of these 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 pattern. The application form must be submitted at the place of work. This applies to the periods before and after the birth of a child.
1. Based on the submitted application, the head draws up an order. The maximum time for granting maternity leave has not changed - period of maternity leave equals 264 days.
2. The amount of the allowance depends on the salary of the woman leaving on maternity leave. The appointed amount of forthcoming payments can be changed in accordance with the laws in force on the territory of the Russian Federation. Preliminary calculation can be done on the online calculator using the formula:
The average monthly salary for the last 2 months is multiplied by 24 or 730 days to display the average daily value.
The amount of the benefit is equal to the period of maternity leave multiplied by the value received (average daily earnings).
3. How is maternity leave paid? vacation, if a woman is employed in 2 or more jobs at the same time, she is entitled to maternity payments 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:
5. Calculation of maternity leave can be done in different ways, depending on the timing of leaving work, the amount of salary and the status of the expectant mother.
Every woman who is going to become a mother in the near future must know. Usually, state support for young parents is the same from year to year, but the amount of payments due to them may change. So, today we will look at the details of such a law in order to allow expectant mothers to intelligently prepare for their maternity leave.
The first thing mothers should take care of during pregnancy is the presence of full package of documents, which they will need in the decree. It goes without saying that your employer must provide vacation according to the law, but you should find out about the due payments on your own and in advance. It should be remembered that accuracy and attentiveness are extremely important in this matter.
A woman going on parental leave must provide her employer with a written statement stating that she is legally entitled to maternity benefits. In addition, she must attach to the application sick leave from the antenatal clinic and salary certificate over the last couple of years. The accrual of payments according to the law must be carried out ten days after the application is submitted. If you receive funds from the employer, then maternity leave is paid on the day you receive your salary.
In the event that the vacation allowance is accrued to you by the social security fund, then payments must occur until the 26th day of the month following the month in which you submitted the full package of documents. Working and non-working mothers-students who study full-time or serve under a contract, as well as women who have taken a child for adoption, are entitled to this social support.
The amount of the appropriate maternity allowance depends directly on the woman's average wage. Calculation formula:
Total income for the last two years / number of days in these couple of years * number of days of maternity leave.
It is important to consider that a woman's earnings for two years should not exceed the maximum value determined by law. Moreover, the amount of the average daily income also has its maximum allowable value. It can be calculated by the following method: first, it is necessary to add up the marginal bases for calculating social insurance fund payments for the last two years before going on maternity leave. The resulting value should be divided by 730, and the value of the average daily income due to a young mother will be obtained.
You should also be aware that when calculating days in a biennium not taken into account sick leave, previous maternity leave (if any), parental leave and such leaves during which wages were partially or fully preserved (only if the state did not accrue additional benefits on them).
It is almost never possible to determine with absolute accuracy how long a woman will go on maternity leave, since all births proceed individually and there may be certain difficulties. True, for a favorable pregnancy, specific deadlines for calculating benefits:
If a child born prematurely(up to 30 weeks), then the mother is entitled to an additional 156 days after childbirth allocated for vacation (not counting vacation days until the time of birth).
retained for the most part all the provisions that existed in 2015. However, reminding yourself of them is essential if you are going to become a parent in the near future.
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