Treasured two stripes on the test and the conclusion of the gynecologist confirming pregnancy - is not only the joy of the family, but also the emergence of a lot of different issues related to monetary compensation expectant mother.The main question - what payments in the care in the decree rely on the law, and that pregnant women need to know their rights.First you need to realize that the common term "maternity leave", which we understand the fact that the woman does not work for some time because of child care, the law is absent.Therefore, in order to understand how the decree is paid, you need to know that this long period of time since the 30th week of pregnancy and ending with the child reaches 3 years of age, is divided into several parts, each of which is financed separately.
What is maternity leave
First, let's divide the "decree" in two parts:
- stay in hospital associated with pregnancy, childbirth and the postpartum period;
- care for the baby from birth and until the age of 3 years.
first part is governed by the Federal Law № 255 of the Russian Federation "On compulsory social.Insurance for temporary disability and maternity ", which clearly stipulates that was supposed to go to the hospital, and how much he can take.But the question of how much paid maternity leave, explaining the Order of Ministry of Health and Social Development of the Russian Federation of 23.12.2009 № 1012n, which is called "The order and conditions of appointment and payment of state benefits to citizens with children."
To give its
Based on these and some other legislative acts, every working woman is entitled to an allowance for BR (maternity leave).The duration of employment does not affect the fact of receipt of the payment, and only affects its size.
also worth knowing that some payments "in the decree" can receive not only the mother but also the father or grandmother (grandfather) baby.Of course, it concerns only the part of the payments, which rely on the care of the baby, as well as lump-sum benefits at birth.But allowances and maternity leave his father, of course, will not be able to get, so if the expectant mother does not work, and this will be no one to receive benefits, since it is assigned only to the insured (officially the employed) women.
However, in some cases, the benefit may receive, and women with no formal work, for example:
- ladies, self-employed (SP), may receive payment of pre- and post-natal hospital in case they voluntarily paid contributionsin the FSS at least 6 months, and the amount of the benefit will depend on the size of the payments;
- woman whose dismissal is connected with the liquidation (reorganization) of the enterprise and have become registered in the employment center, may receive minimum benefit (515.32 b.) A month for a year;
- students inpatient regardless of the form of training (paid / free) are entitled to sick pay in the place of study.
But in the case where the expectant mother does not work and is not registered in the CZ, the payment of maternity is not carried out.
When to go on maternity leave
term of maternity leave is also divided into two parts: before and after childbirth, and in the first and in the second case it may be different.Find out how many days of prenatal hospital relies for you, helps a doctor's visit:
- 70 days, you are entitled to when singleton pregnancy;
- if an ultrasound you happy twins, triplets and so on. D., Then your prenatal hospital will be 84 days;
law provides that if the birth came a little before the expected date of unused sick days are transferred to the postpartum period (added on to it).
term of maternity leave in the postpartum period will also help determine the conclusion of the gynecologist:
- at birth (without complications) per child - 70 days;
- if the birth took place with the weights (pathology) - 86 days;
- while the birth of 2 or more children (multiple pregnancy), your hospital will be 110 days (calendar).
How to draw
order for payment in a decree carried out without delay, they need to properly arrange.You need to know some subtleties:
- medical certificate issued by the medical institution in which the pregnant woman is registered and available at the place of work;
- if the last period of the expectant mother has changed several jobs, the payment will be carried out at the place of last employment, in this case you may need a certificate that the charging and delivery of benefits not previously carried out;
- if the company has been liquidated (reorganized), and as a result, a pregnant woman lost her job, she should as soon as possible to register at the employment center, with the payment of pre- and post-natal benefits will be the Department of Social Welfare;
- if for some reason an employer can not make payments, you must contact the insurance company, whose name is specified in the policy MLA;
- and, of course, you need to write a statement about the necessity of allocating subsidies.
Based on all of the above the company issued an order on the form of the T-6 "On the granting of maternity leave."If later it turns out that the birth took place with complications, and therefore should be extended sick leave, the young mother would have to write an application and submit a certificate confirming this right.
experience in the decree.Terms and method of payment
Another fairly popular question: "Maternity leave is included in work experience?"The answer is simple - enter.As a pregnant woman vacation in pre- and post-natal period is regarded as a normal sick leave of long duration, then include it in the total length of service required.
On the other hand, we can say that maternity leave is part of the experience part.It is connected with that part that relies one of the parents to care for a toddler who has not reached a certain age.For example, the Federal Law №11 «On labor pensions" suggests that the total length of (insurance) period included the care of each child under the age of one and a half years, but in total this period may not exceed three years.This means that if, for example, the couple has three children, the parental leave for the first and second child and a half years will be counted in the length of my mother, but the time spent with the third child, there will not be included.In this case, its right can use Dad (grandmother, grandfather) and issue leave to care for themselves.
Maternity payments - calculated correctly
Calculate how much paid maternity leave, you can own, just need to know some of the features:
A = Cs's to
- D - maternity;
- Cs - the average daily salary;
- Up - count - in the days of vacation, relying woman.
In order to calculate the size of the average daily earning, you must use the following formula:
Cs = Sum / 730 - Kd
- Bags - the total amount paid for the 2 years preceding the date of accrual benefits;
- 730 - number - of calendar days in this period can sometimes be 731, if one is involved in the calculation of a leap year;
- CD - the number of days which is not considered in the calculation, for example, the time spent at the hospital.
If the expectant mother lives in regions where the stipulated ratios SMIC, the calculations must be slightly adjusted:
A = Cs x Odds SMIC's to
Maternity minimum payments for the unemployed
matter what wages receivedexpectant mother, the minimum size of "fiat" can not be charged from the amount lower than the minimum wage.Thus, the smallest amount of entitlement maternity can be counted by the formula:
Au = (5965 x 12/365) x Before
- Dm - the minimum size of the hospital and maternity leave;
- 5 965r.- The minimum wage in 2015;
- Up - kol-in day hospital (maternity).
also important to know how many paid maternity leave to unemployed.Unfortunately - not at all.The fact that the payment of maternity leave are held by the Fund on the basis of the social insurance contributions deducted by the employer from the wages of future moms.Accordingly, no charges - no maternity benefits.
few nuances
As you can see, the design of the maternity leave and the correct calculation of benefits - not an easy task, especially since there are some nuances:
- if the woman for two years prior to the time of departure on maternity leave, she worked (formally) two or more employers, the calculation of benefits for pregnancy and childbirth is produced by each of them independently of each other;
- if at the time of registration of the payment you are already on leave to care for a toddler up to 1.5 or 3 years (from one decree to another), you can replace one or both of the years used to calculate benefits on the previous (before the firstDecree).
payments for child care up to 1.5 years
Now let's talk about how paid a decree, or rather, leave to care for a toddler up to 1.5 years of age.This type of aid is granted to all mothers (fathers), regardless of whether a formal employment.The size of the allowance is 40% of the average monthly wage, but can not be less than 2718 rubles for the birth of the 1st child, or 5436 rubles for the second and subsequent children.
allowance for children up to 3 years of age
maternity leave up to 3 years also includes cash benefits, but their size is much smaller than all previous ones.This allowance is paid at the place of employment of one parent and depends on the presence (and number) of the other children in the family, as well as the average wage in the region.
So, how much to pay maternity leave for children up to 3 years?Initially, the amount is only fifty (50) per month.Further, it is multiplied by a "regional factor" - an individual parameter for each area, which can be found by visiting the local authorities.This factor can be quite high.And then a paltry 50 p.become very tangible 2000 r., for example, in Moscow.
