How are lump sum maternity payments calculated? How much do they pay on maternity leave? To whom the law reserves the right to receive benefits?

The financial issue during pregnancy is one of the most pressing and important, because when planning purchases for the baby, it is important to know the amount that parents should expect. It should be noted right away that our legislation does not imply such a thing as “maternity leave”; a more correct definition would be “maternity leave”, followed by “maternity leave for up to three years”.

It is not difficult to independently determine the amount of benefits paid to working and non-working mothers. This payment is made by the employer; for non-working mothers, maternity benefits will be issued by the territorial social protection authority.

Registration of maternity leave

First, let's look at the question of how such leave is arranged for a woman who has a permanent place of work. The exact day from which a pregnant woman can be sent on vacation is calculated by the doctor leading the pregnancy, based on the obstetric gestational age. In advance of this day, the woman should issue a sick leave certificate, which indicates the duration of her maternity leave. If such a document is not provided, the employer may absolutely legally refuse to pay the woman a monetary payment. You should also apply for leave at your workplace.

How to fill out the application correctly?

In general, there is no strictly established template for such a statement; it is written in free form.

The header must indicate:

• Full legal name of your organization;
• In whose name the document is drawn up (position, full name);
• Position and full name of the applicant.

Further, after the title of the document (“Application”), the essence of the request is stated with the obligatory indication of the period of leave and a request for payment of maternity benefits. At the end, you must indicate the date of preparation of the document and put the signature of the applicant.

How is the duration of maternity leave determined?

In normal pregnancy and absence special conditions Maternity leave is 140 days, this period is usually divided in half - 70 prenatal days and the same amount after birth. If desired, a woman can agree with a doctor to postpone the day of going on vacation, while the total number vacation days will be maintained with a corresponding change in the postpartum interval.

Changing the duration of maternity leave is made in several cases. These include:

• Multiple pregnancy – 84/110 (total 194 days);
• Occurrence of complications during childbirth – 70/86 (156 days);
• When a pregnant employee lives in an area exposed to radioactive contamination and contamination 90/70 (total 160 days).

Formula for calculating maternity benefits

The specified benefit is accrued to a woman in the amount of her average daily income for the billing period, multiplied by the number of vacation days. The billing period is the two previous calendar years.

The basic rules for calculating maternity pay are as follows:

• For those receiving the payment this year, its amount will be calculated from the average income of the employee for the period from the beginning of 2013 to the end of 2014;
• When changing several jobs over a given period of time, a woman must obtain a certificate of income from each organization, otherwise this earnings simply will not be taken into account when calculating benefits;
• In the case of combining several jobs, a woman can receive payment of cash benefits from each organization (of course, if all mandatory documents). An exception is the case of internal combination of responsibilities within one company. By the way, the payment of subsequent monthly child care benefits in this case is provided only from one workplace, at the woman’s choice.
• To calculate the benefit amount, you need to add up all income for 2013-14. The total earnings for this period are divided by the number of days of this period (the default value is 730 days). This method calculates the average daily income. This number must be multiplied by the number of days written in sick leave(from 140 to 194 days).
• If a woman was on vacation for some time during the billing period, took sick leave, was on maternity leave, or did not officially work with contributions to the Social Insurance Fund, the total number of days of temporary disability should be subtracted from 730 days, and the total earnings should be divided by the number of days actually worked by the woman on maternity leave.

Calculate the size yourself cash payment It’s not at all difficult if you have information about the amount of taxable earnings from all places of work for the two previous calendar years. However, it should be remembered that if the employment is unofficial and there are no tax deductions from earnings, this amount will not be taken into account when calculating maternity pay.

Minimum and maximum threshold for maternity benefits

Any payment provided for by Russian legislation always has its own threshold of maximum and minimum values. Maternity benefits are no exception; they also have their own maximum permissible limits.

The minimum maternity benefit is provided for those:

• Whose work experience for the billing period is less than six months;
• Whose average earnings for one working day of the billing period is less than the maximum permissible value (in 2014 this amount was 182 rubles 60 kopecks).

That is, if a woman received a small salary during the billing period, the amount of her benefit will be calculated from the established minimum wage and will be 182.6 * 140 = 25,564 rubles.

For those whose salary over the last two years was, on the contrary, above average, a maximum permissible value was also established. In 2015, this amount should not exceed 1,479 rubles 45 kopecks per day, which means that with the standard duration of maternity leave of 140 days, the largest benefit amount is 207,123 rubles. For multiple pregnancies, the maximum amount will be 1479.45*194=287013 rubles.

Terms and procedure for maternity payments

Benefits are accrued within ten working days after the woman submits documents for leave. Funds are paid on the next day of issue wages. In case of delay in payment, the woman can recover it from the employer through the court.

Maternity benefits are accrued not from the organization’s personal funds, but from the Social Insurance Fund; moreover, the transfer of this amount within up to ten working days is provided for by law, so the employer is obliged to accrue the payment in a timely manner. In case of malicious violation of the deadlines for issuing benefits, you should go to court. This obliges the employer to pay not only maternity benefits, but also financial compensation in the amount determined by the court.

Maternity pay from a tax point of view

State legislation strictly stipulates that all benefits, except subsidies for temporary disability, are exempt from taxation. Respectively, personal income tax withholding c is contrary to the laws of our country.

Payments due to a woman from the organization after leaving maternity leave

Upon completion of one hundred and forty days of vacation, the woman immediately goes on maternity leave. At the same time, payments from the organization for working women, or from social security authorities for non-working women, are:

• Until the baby reaches one and a half years of age - forty percent of the current average earnings for the billing period for working women. For unemployed people or those who have been working for less than six months, the amount of the benefit will be minimal; this year it is 2,718 rubles 34 kopecks (if the child born is the only one in the family) or 5,436 rubles 67 kopecks (if there is more than one child in the family);
• Further, monthly allowance, paid by social security until the child reaches the age of three, is 50 rubles multiplied by the regional coefficient. The exact amount this manual You can find out from the regional social protection authority, since it will be different for each territorial entity.

Calculation of benefits upon dismissal of a maternity leaver

In some cases, unusual situations arise at an enterprise related to the dismissal of a pregnant woman. At the same time, you should remember the main rule - the employer cannot fire a pregnant employee on his own initiative. Termination of the employment relationship is possible only by the employee herself. Moreover, the availability of monetary payment depends on the period in which the dismissal was made:

• If an employee is dismissed before the sick leave is issued (standardly before the 30th week of pregnancy), the employer is released from the obligation to pay the woman who resigned on her own initiative;
• possible only in case of liquidation of the enterprise. Then the dismissed woman must receive both maternity benefits and financial compensation in case of unused vacation period for the entire time she worked in the organization, as well as severance pay. Its size will be equal to the size average monthly earnings women.
• If an employee quits on her own initiative after maternity leave, further payments for child care are made by the social security authority.

Thus, to independently calculate maternity pay, you should obtain accurate information from all places of work about full income for the previous two calendar years. Accordingly, the larger this amount was, the larger the maternity payment will be. Therefore, a big advantage when calculating benefits will be official employment with deductions to the Social Insurance Fund for the entire billing period, as well as a high level of wages.

By the way, not only the future mother of the baby, but also the father or any other relative can go on maternity leave and receive benefits. Often families in which the woman is not officially employed do this in order to receive not the minimum payment from social security, but more full amount benefits depending on the average earnings of the relative who took maternity leave. In this case, the payment amount will be higher.

The legislation of the Russian Federation provides for two leaves for mothers: for pregnancy and childbirth (70 days before and 70 days after childbirth) and for child care (up to 1.5 years for the first baby). The law (Article 6 of Law No. 81-FZ of May 19, 1995, Part 4, Article 2) says that all working women have the right to maternity payments. Moreover, the duration of work under an employment contract does not in any way affect the fact of payment of benefits; length of service can only affect its amount.

For example, a woman who has less than six months of insurance coverage can receive a pregnancy benefit in the amount of average earnings, but not more than 7,500 rubles. (a new law introduced on January 1, 2017).

Child care benefits are calculated individually and depend on how many years the mother worked and what salary she received.

However, there are cases when a woman cannot count on receiving maternity benefits. Letidor turned to an expert to find out under what circumstances this could happen.

Sergey Anatolyevich Voronin

Consults Sergey Anatolyevich Voronin, lawyer, expert center "Consultant"

You became pregnant while on maternity leave

An employee who temporarily occupies a maternity position is required by law to leave it as soon as the main employee decides to return to work. But what to do if you find out that you will also become a mother?

The first thing you need to know in such a situation is that the employer cannot fire a pregnant woman. If a fixed-term contract is coming to an end (and these are the conditions under which a temporary employee is hired while the main employee is on maternity leave), then the term of the contract is required to be extended until the birth.

Even if it turns out that two employees (main and temporary) are now vying for the same position, the employer will have to keep the temporary employee occupied with something. For example, he can transfer her to another position.

Important. If the expectant mother refuses to be transferred to the offered position, the fixed-term employment contract can be terminated during pregnancy.

And in this case, you will not be able to claim payments from the employer.

If you decide to continue working in this company until the birth, then to extend the contract you must provide a written application and a medical certificate confirming the state of pregnancy (Article 261 of the Labor Code of the Russian Federation). The employer has the right to request such a certificate no more than once every three months.

But after giving birth, everything will change - without being pregnant, the woman gives up her “untouchable” status. The employer has every right to fire her. This means that the organization should not pay benefits for child care up to 1.5 years.

However, do not forget that in this case you still have the right to:

Maternity benefits from the employer with whom you are parting (it depends on the number of days indicated in the sick leave and the amount of average earnings);

A one-time benefit for the birth of a child from the state.

You are a foreign citizen working under a contract

Foreign employees who live and work in Russia can also receive maternity and child care benefits. But not always. For example, they are not allowed:

Foreign female employees working under a fixed-term contract;

Women who are in the country on a consultation basis (visiting professors, business trainers).

Note. The employer can determine the value of the employee and issue a bonus on his own initiative. At the same time, he can even provide targeted assistance to some employees, but this is all only on the initiative of the company.

You work according to “gray schemes”

A special case when a woman cannot qualify for maternity benefits during pregnancy is working in a company under gray schemes. And, accordingly, she will not receive child care benefits.

These "schemes" include:

Work without actual registration employment contract;

Working without paying part of the salary;

Work with payment based on piecework when actually performing duties at the rate.

By law, a woman does not have to prove that she is employed at an enterprise - this is the prerogative of the employer himself. But there are cases when a woman worked for a long time under various temporary employment contracts, which means that the fact of her work did not always remain proven.

You are engaged in project work under a contract

In accordance with the provisions of Articles 78-85 of the Labor Code, the dismissal of a woman on maternity leave is unacceptable. But, if she performed temporary work or work under a contract for the provision of paid services, then the organization is not obliged to pay maternity payments to her.

Note. In such situations, a woman can obtain benefits if:

these temporary employment contracts were concluded only for the purpose of reducing payments to tax social funds;

and the employee will be able to prove this fact in court.

You are on a very short term, and the temporary contract has ended

Nowadays, many women work under a fixed-term contract, concluded, for example, for 1 year. Is it possible to go on maternity leave if the contract is about to expire?

Yes, but a woman must be at least two weeks pregnant to receive full benefits from her employer.

Both for maternity leave and for child care up to 1.5 years. In this case, the employer only needs to bring one certificate of pregnancy.

But 2 weeks is a very short period, and if the pregnancy is not planned, then by the end of the contract, the expectant mother may simply have no idea about her situation.

If the pregnancy is less than 2 weeks, the expectant woman is left without maternity leave, unless, of course, the employer plans to renew the contract with her.

You are not officially registered

The fact that you go to work every day does not guarantee that you will receive maternity benefits, if you are not officially registered with the company.

There were cases when the employer violated the law and did not hand over the contract signed on his part. This can be equated to those situations where the employment contract was not signed at all.

You are unemployed

Here we need to take into account why the woman was left without work.

Liquidation of a company. If the expectant mother was fired due to the liquidation of the organization, then benefits (both maternity and child care) are paid only if she is registered with the employment center within 12 months from the date of dismissal.

Reduction. If a woman was laid off and is now on the labor exchange, then she can be reinstated in court at her old job. In this case, you must have a pregnancy certificate, which indicates the number of weeks of pregnancy (it can be issued after dismissal).

Lack of experience. If the expectant mother has not worked anywhere at all, then she is offered only a small compensation from the state for a short period of time (up to 1.5 years). All categories of unemployed people can contact the social protection department (SSZN) at the place of registration.

Additional payments that not everyone knows about. Some mothers, both employed and unemployed, may not receive additional benefits simply because they do not know what they are entitled to and where to apply for it.

If a woman registered with the Employment Center before the 12th week of pregnancy (that is, in the early stages), then she should know that in addition to maternity benefits, she receives other additional payments.

However, pregnant women who do not have a job, unfortunately, cannot receive such benefits.

But there is an exception here too - these are future student mothers studying full-time at universities, and women laid off due to the liquidation of an enterprise.

For students full-time training, those dismissed upon liquidation of the enterprise, as well as individual entrepreneurs(who voluntarily paid insurance premiums for the previous year in Social Security and who provided the child’s birth certificate to the district office social protection) benefits are also paid:

for pregnancy and childbirth;

when registering for medical purposes early dates pregnancy.

Where to go for additional benefits?

female students must contact their educational institution for these additional payments;

For entrepreneurs - to the social insurance fund;

And only those laid off due to the liquidation of an enterprise register these additional payments with the social protection authorities (the regional Social Security Service), as well as the main benefits.

How to solve problems with payment of maternity benefits

Currently, maternity benefits are almost always paid to employees in full. This is due to the fact that today the labor inspectorate and the prosecutor’s office especially monitor employers and always try to prevent violations of labor legislation on their part.

If a woman does not receive maternity benefits, she can contact the supervisory authorities (Labor Inspectorate, Pension Fund) at any time, and the employer will face a fairly large fine.

“How long do you need to work to get maternity benefits?” is a pressing question for all expectant mothers.

According to Art. 255 of the Labor Code of the Russian Federation the right to social benefit all women have, regardless of whether they work or not.

However, when calculating the size social guarantees a number of factors are taken into account, including the length of work experience.

Let us consider each case separately in detail.

In legal terminology there is no concept of “Maternity leave”. This is what we say when a woman plans to take maternity leave or parental leave before the child reaches the age of 1.5 years (3 years).

The right to go on maternity leave is granted only to working women.

The entire period of incapacity for work is 140 calendar days (in case of pregnancy with more than one fetus - 194 days, in case of complicated childbirth - 156 days), payment of social insurance benefits is provided.

An employee working part-time is provided with the same rights and guarantees as an employee working in one place.

It should be clarified that a one-time maternity benefit is paid to employees working in several organizations, at all places of work where an employment contract was concluded.

Concerning monthly payments– they are produced only at the main place of work.

Every woman is entitled to maternity benefits in 2020. Among them:

• officially employed;
• received the legal status of unemployed;
• female students;
• military personnel.

Unemployed women who have not confirmed their social status with the employment service are not entitled to maternity benefits.

Leave granted to care for a child can be used by employed citizens (father, grandmother, grandfather or other relative).

A woman’s insurance experience does not affect the fact of receiving benefits, it affects its size.

Since when calculating maternity benefits the two previous calendar years are taken into account, we can say that this insurance period quite enough. The size of wages also plays a significant role.

If a pregnant woman’s work experience is 2 years, before the year of pregnancy, the amount of her one-time benefit will correspond to 100% of the average salary. The monthly benefit amount will be 40% of the average salary.

There are cases when a woman has worked only partially for 2 pay years, then the question arises: “How are maternity pay calculated if she has worked for less than 2 years?”

If the total work experience is less than 2 years (less than a year), the calculation is also based on the average salary.

If the work experience is less than 6 months, the amount of the benefit will be calculated based on the minimum wage (in 2020 - 11,280 rubles).

Unemployed women who have confirmed their status with the employment service can count on payments based on the amount of unemployment benefits.

According to the labor code, in case of unofficial employment, maternity leave is not paid.

This situation can be corrected in several ways:

• make your own payments to social fund insurance;
• confirm your unemployed status.

Independent deduction of insurance premiums Pension Fund provides for the payment of a standard or desired amount. Even a one-time deduction gives a woman the right to receive maternity benefits. To apply for benefits, you must contact the FSS.

Having received official unemployed status, a woman will receive monthly unemployment benefits until she goes on maternity leave. In this case it is provided minimum size maternity payments, based on the minimum wage in a particular region.

Calculation examples

A woman’s monthly salary is 25,000 rubles.

Before becoming pregnant, she worked for a full 2 ​​years. There are no deductible periods, singleton pregnancy, and childbirth was without complications.

Calculation of one-time benefit:

• salary – 25,000 rubles;
• settlement period – 24 years (24 months);
• number of days in the billing period – 730 (in a leap year – 731);
• vacation period – 140 days.

(25,000 * 24)/730*140 = 115,068.49 rubles.

Calculation of monthly benefits. P = SZ × 30.4 × 0.4, where:

• P – amount of monthly benefit;
• C3 – average daily wage based on the two previous years;
• 30.4 – (365 days/12 months).

(25000*24)/730*30.4*0.4 = 9,994.52 rubles.

If the work experience is 1 year (1.5 years), the calculation is based on the average salary.

(25,000*24)/730*140 = 115,068.49 rubles – one-time benefit.

(25000*24)/730*30.4*0.4 = 9,994.52 rubles. – monthly allowance.

If the experience is less than 6 months

If a woman’s work experience is less than 6 months, the calculation will be made based on the minimum wage - 7,800 rubles.

(7800*24)/730*140 = 35 901,36

Monthly allowance:

(7800*24)/730*30,04*0,4 = 3081,36

If you have official unemployed status, maternity benefits will be calculated taking into account the minimum amount of unemployment benefits (850 rubles):

(850*24)/730*140 = 3912.33 rubles.

The monthly benefit will be:

(850*24)/730*30.04*0.4 = 335.78 rubles.

Benefit limit in 2020

If your income is too high, the amount of maternity benefit is limited to certain limits.

The maximum base for calculating insurance premiums in 2017–2019 is 755,000 rubles, in 2016 – 718,000, in 2015 – 711,000.

Thus, if a woman went on maternity leave in 2017, having worked 2016 and 2015, and her total income for these 2 years amounted to an amount higher than indicated, the amount of maternity leave will be calculated as follows:

(711000+718000)/730*140 = 274,054.79 rubles.

The amount from the calculation is paid in a lump sum and is relevant only if the woman was not on maternity leave or sick leave in 2015 and 2016.

In the event of an extended maternity leave, the amount of the benefit will be calculated based on the period indicated on the sick leave certificate - 156 or 194 days.

Minimum amount Maternity pay is paid to a certain category of women:

• working less than 6 months;
• officially unemployed.

In the first case, the benefit is calculated based on the minimum wage; in the second case, the calculation base will be unemployment benefits.

The law regulates the minimum amounts of maternity payments:

• for the first child – 3065.69 rubles;
• for the second child – 6131.37 rubles.

Neither the Social Insurance Fund nor the employer has the right to pay benefits of the following amounts.

If several children are born at the same time, payments increase. For example, at the birth of twins, the minimum amount of maternity leave will be calculated as follows:

3065,69+6131,37 = 9 191,06

Full-time students can count on receiving maternity benefits on a paid or budget basis.

The payment amount is set at the amount of the scholarship at the time of leaving the academic leave.

Social benefits for pregnancy and childbirth for students correspondence form training is not provided.

Is study included in the work experience?

Studying at a technical school or university does not count as work experience. The exception is cadets of educational institutions belonging to the Ministry of Internal Affairs of Russia and the Ministry of Defense of the Russian Federation.

In this case, the insurance period is accrued from the moment the cadets are enrolled in the university.

If a woman goes on maternity leave, the employer is responsible for timely payment of benefits.

The period for transferring funds is regulated by law and is 10 days from the date of the copyright holder’s request.

If a woman applies for maternity benefits after 6 months, the benefits will be paid by the social insurance fund. The reasons for missing the deadline for applying for benefits must be valid.

In the absence of insurance experience, the payment of unemployment benefits and maternity benefits is carried out by the employment center.

Conclusion

A woman’s lack of insurance coverage does not deprive her of the right to receive benefits. The amount of payments depends solely on the following factors:

9 comments to the article “How long do you need to work in one place to get maternity leave?”

Anna writes:

I got a job on 01.08.2017 and will go on maternity leave on 01.05.2018, that is, the work experience will be 9 months, it turns out not 6 months and not 1 year.

How are the one-time and monthly benefits calculated in this situation?

Regards, Anna.

Irina writes:

Good afternoon. I have a question. If I change jobs while 6 months pregnant, how will this affect my maternity benefits? Let’s say I quit my current job today and start a new one starting tomorrow.

Maternity payments for a second child are a type state support, which every working woman can count on (this implies official employment). The benefit is calculated based on the average salary divided by the number of days of maternity leave.

If the mother has worked for less than 6 months, the minimum wage established at the state level is taken as the basis.

Maternity payments

When a second child appears in the family, the mother can count on similar benefits that she received for caring for her first child.

In particular:

1. one-time payment upon registration with medical institution- 613 rubles;
2. maternity benefit paid at the place of work:
   • RUB 34,520 - minimum threshold;
   • RUB 248,164 - maximum threshold;
3. one-time payment from social security on the occasion of the birth of a child - 16,350 rubles;
4. child care allowance up to 1.5 years:
   • 40% of salary;
   • 5,817 rubles at minimum level income.

Important! In addition, the birth of a second child before the end of December 2018 gives the right to receive maternity capital, the amount of which is 453,026 rubles.

These funds are transferred and spent non-cash for certain purposes.

Second pregnancy during maternity leave

If the second baby was born during unfinished maternity leave, the mother has the right to receive the required benefits and lump sum payments. In this case, you must write an application for the required transfers.

In this case, at the discretion of the mother, one of two possible options remains:

1. Maintain child care benefits for your older child.
2. Arrange payments for the second pregnancy and childbirth.

In any case, the first maternity leave is interrupted automatically and a new one is granted. When the maternity leave ends, benefits for caring for the first and second child will be summed up and transferred within established by law payments.

If maternity leave ends before the second pregnancy, the mother registers for receiving payments, as in the case of caring for her first child.

Advice! To save the amount transferred monthly for the care of the first-born, you can do this: the mother takes care of the newborn, the first child remains in the care of any family member who can take maternity leave.

Calculation rules

The benefit amount is calculated according to a certain formula.

According to current legislation, the period of maternity leave cannot exceed 140 days: it is divided into equal time intervals of 70 days before and after childbirth.

The calculation period is considered to be 730 days of work experience, excluding sick leave and statutory vacations. Accordingly, to receive benefits in 2017, 2015 and 2016 will be taken as the basis.

It is important to understand that when making calculations there is a certain threshold set at the maximum allowable level of income. For the indicated billing period, the following amounts are relevant:

• 2015 - 670 thousand rubles;
• 2016 - 718 thousand rubles.

If a woman’s work experience is less than 6 months, the minimum wage is taken as the basis. Today it is 7,800 rubles.

Respectively this amount you need to divide by 30 and multiply by 140. As a result, maternity payments will amount to 36,400 rubles.

Amount of payments depending on the complexity of childbirth

It is important to understand that pregnancy does not always proceed normally. In case of possible complications, women's maternity leave periods are extended, and the amount of compensation changes accordingly.

It looks like this:

1. Singleton pregnancy with uncomplicated childbirth - 140 days;
2. Singleton pregnancy with difficult labor - 156 days;
3. Multiple pregnancy - 194 days.

The woman went on maternity leave after completing the pay period with a regular salary of 15,000 rubles. The birth was fraught with complications.

In this case, the amount of maternity leave will be calculated according to the following principle:

360,000 (income for two years) / 731 (daily earnings for the billing period) * 156 (vacation days) = 76,826 rubles.

Important! The employer is obliged to pay the entire amount within 10 working days from the date of submission of the application to the accounting department of the enterprise.

Payout Features

Maternity payments for a second child have a number of interesting features that need to be taken into account.

For example:

1. Payments are possible only if you have Russian citizenship.
2. Official employment is required.
3. Before maternity leave, you can take basic paid leave.
4. An employer cannot fire an employee who has been caring for a child for 1.5 years.

In addition, the amount of benefits for military personnel, firefighters, law enforcement officers and the Federal Penitentiary Service is 100% of the salary amount.

Table of maternity payments

Minimum and maximum size benefits taking into account indexation looked like this.

Payment type	Sum	Amount including indexation
Caring for the firstborn for a full calendar month (minimum)	2 718	2 908
Caring for second and subsequent children (minimum)	5 436	5 817
One-time payment upon registration in a medical institution