Payment of maternity benefits - terms for sick leave and by law

When do you need to provide a certificate of incapacity for work?

The terms of payment of maternity benefits that apply in a particular case depend on the moment when the woman provided the administration of the employing company with a certificate of incapacity for work. According to 255-FZ, the expectant mother is obliged to present the document to the employer no later than six months from the end of the vacation.

To receive sick leave, the employee goes to the medical institution where her pregnancy is being managed. According to current legislation, only documents from hospitals and clinics operating under license are accepted.

The second piece of paper required to receive benefits is an application from the employee. It is prepared in free form and contains the following information;

company name, full name of the manager;
Full name and position of the employee;
dates of maternity leave;
Number of certificate of incapacity for work.

The application is certified by the signature of the originator.

Based on the documents submitted, personnel officers will determine how long maternity leave must be paid. An internal order will be issued to transfer benefits to the woman. It will be issued in an amount calculated on the basis of average earnings.

Is it possible to speed up the processing time for an application?

In order to speed up the process of progressing the case, the policyholder must adhere to the following recommendations:

After the traffic police have been called to the scene of the accident, you should ask the culprit of the accident for his information:
His registration address and actual place of residence.
Phone number where you can contact him.
Do not forget to write down the telephone numbers and address of the insurance company of the person at fault; usually the details of the insurance organization are on the form of the compulsory insurance contract.
If you have the opportunity, try to make a copy of the insurance policy and passport of the culprit (you can take a photo with your mobile phone).
After examining the scene of the incident by traffic police officers and drawing up all the documents necessary in this case, you should independently appear at the traffic police department and pick up from there all the documents necessary for registering the case with the Investigative Committee.
After receiving all the documents, you should immediately take them to the insurance organization.
Previously, until 2009, insurance organizations independently sent a request to the traffic police department to obtain certificate number 748, but today representatives of traffic police authorities are required to hand over this document personally to the participant in the accident.
If employees of an insurance company ask you to go to the traffic police department again and put a round stamp on the form of certificate No. 748, then know that in this case they are acting illegally. This document does not provide space for a round stamp; traffic police officers can affix a corner stamp and this will be quite enough. Check that the stamp supplied by the traffic police officers reflects the data of the traffic inspector who is applying the stamp.
Before submitting a notification of an accident, an application and other necessary documents to the insurance company, you should make copies of them.
A copy of each document must be certified by an employee of the insurance company who accepts your documents. This is done in order to quickly restore documents if for some reason they are lost in the IC. Don’t forget to write down the details of the insurance company employee who accepted your case for consideration and the contact phone number where you can contact him.
If you are not satisfied with the results of the examination carried out by an expert cooperating with the insurance company, you should independently select an independent expert who is not related to your insurance company and conduct an assessment of the damage from him.
Important! The client has the right to have an independent assessment of the damage, but will have to pay out of pocket.
You should notify the Investigative Committee about the time and place of your examination using a registered letter with notification. Regardless of whether the IC responds to your invitation or not, the IC will have no chance to challenge the conclusions of an independent expert.

After submitting an application for payment and all the necessary documents, a 20-day period will begin, during which the insurance organization will be obliged to issue you a referral for repairs, pay money or provide a written reasoned refusal to pay compensation. According to current legislation, the insurance company has 20 calendar days for this (holidays and non-working days are not taken into account).

Many motorists ask the question of how to correctly calculate the payment date if the insurance company, for some reason, requires additional certificates and documents? RCA answers this question quite fully and unambiguously: the period after which the insurance company is obliged to make a payment, issue a referral for repairs, or refuse payment to the client should be calculated from the moment the application and the entire list of documents that are reflected in the Rules on Compulsory Insurance are submitted to the insurance company.

People interested in the timing of payments under compulsory motor liability insurance will also be interested in other articles about insurance after an accident:

the size of the maximum payment;
direct compensation for losses;
mutual fault in an accident;
compensation from the culprit for losses after an accident;
MTPL payments and car repairs;
assessment of moral damage caused;
compensation for damage to health.

When are funds transferred?

The current legislation does not stipulate in what form the employing company sends the amount due to the expectant mother. Money can be transferred to a card or issued by cash registers if it is convenient for both parties.

Federal Law 255 strictly regulates the period during which maternity benefits are paid. According to the text of the regulatory act, the amount is calculated within a ten-day period from the moment the employee brought the certificate of incapacity and application to the personnel department. The funds must be transferred with the next paycheck.

Example

Petrova A. brought a certificate of incapacity for work to the employer’s accounting department on April 7. The company pays salaries twice: on the 5th and 20th. How long should a pregnant woman be paid maternity benefits?

In this situation, the company accountant is obliged to accrue benefits to Petrova no later than April 15th. The next payment of wages will occur on April 20, on this date the company will pay the employee benefits.

Amounts to be given to the expectant mother are not subject to income tax. Insurance premiums are not calculated or paid from them.

There is no universal answer to the question of when maternity benefits are paid: before or after childbirth. The date when the woman receives the amount due depends on the moment the certificate of incapacity for work is submitted to the personnel department of the employing company. If she decides to bring the document after the baby is born, the organization does not have the right to refuse to transfer the benefit.

Maternity leave in 2021: new law, payments for men and women.

Maximum amount of payments for the first child.
Providing maternity leave in 2021, example of calculation using an online calculator. Maternity leave, receiving payments and benefits during maternity leave are topics that are always of interest to expectant mothers. Despite the fact that the general principles of legislation on this issue have been in force for many years, new nuances arise every year that need to be taken into account both by a pregnant woman and by employees of the accounting department and departments of the Social Insurance Fund.

FOR YOUR INFORMATION

The main questions that are asked on this topic are what maternity leave consists of, how it is formalized, its length, who is entitled to receive benefits and in what amounts, and so on.

Responsibility of the company for delays in payments under the BiR

Current legislation strictly regulates when maternity pay is paid at work in order to eliminate possible abuses on the part of employing companies. If an organization does not follow the norms of 255-FZ, it is subject to liability under Art. 236 Labor Code of the Russian Federation.

An employee going on maternity leave is entitled to compensation in addition to the accrued amount, calculated as 1/150 of the refinancing rate of the Central Bank of the Russian Federation in force at the moment for each day of delay. The countdown begins from the date following the “deadline” for payment, up to and including the time of settlement.

Responsibility for violating the terms of how much maternity workers pay can be increased by internal acts of the company, for example, a collective agreement. To collect penalties from an unscrupulous employer, a woman goes to the labor inspectorate or court.

In addition to the obligation to transfer compensation for late benefits under the BiR, administrative liability is provided under Art. 5.27 Code of Administrative Offenses of the Russian Federation. In accordance with the regulatory act, the amount of the penalty is:

1-5 thousand rubles. – for an official or individual entrepreneur;
30-50 thousand rubles. - For the company.

Violation of the provisions of the law regarding the period in which maternity benefits must be paid, associated with a delay of three months or more, entails criminal liability for the director of the company under Art. 145.1 of the Criminal Code of the Russian Federation. The most severe punishment is imprisonment for a year.

Payment for maternity leave in 2021

In 2021, all women who have a place of work or study have the right to receive maternity leave, regardless of other circumstances, such as:

work experience in one or different organizations;
place of work or service;
presence of Russian citizenship;
age;
Family status.

This right is enshrined in Articles 255 and 256 of the Labor Code of the Russian Federation. Persons officially registered as unemployed are also entitled to receive benefits.

The timing of vacation and its duration are the same for everyone, with some exceptions.

The grounds for calculating maternity leave payments differ for different groups of women, depending on their place of work, as follows:

those working under an employment contract (permanent or temporary) receive maternity benefits based on the total amount of earnings for the two previous years;
military personnel - in the amount of monetary allowance;
students - in the amount of the scholarship.

In case of insufficient work experience (up to six months), amounts are paid based on minimum wage rates.

Simultaneous payments are not allowed:

social insurance funds for sick leave and wages;
two types of social benefits, for example, child care and maternity benefits.

On the other hand, if a woman works in several places at the same time, then she is provided with vacation and vacation pay is paid by all employers, regardless of their number.

Features of transferring maternity benefits

The legislation provides for situations when an expectant mother needs to apply for benefits directly to the Social Insurance Fund. This is possible if:

at the time of pregnancy, the woman is not working and is registered with the employment center;
the employer does not have money to pay;
the employing company is declared bankrupt.

In the listed situations, the sick leave and completed application are submitted directly to the territorial office of the Social Insurance Fund at the place of registration of the expectant mother. When is maternity pay paid in this case? According to 255-FZ, the Fund has 10 calendar days to transfer them from the moment it receives a package of documents from the woman.

Duration of maternity leave in 2021

The total duration of maternity leave for pregnancy and childbirth consists of two parts (before and after childbirth), which are added up and determined as the total number of days.

The duration may vary due to living conditions or the complexity of childbirth, so these nuances must be taken into account.

Duration of OBiR

Payment terms	Total	Before giving birth	After childbirth
For most	140	70	70
In case of complicated labor	156	70	86
When more than one child is born	194	84	110
If a multiple pregnancy is detected during childbirth	194	70	124
For women living in the zone of eviction due to the Chernobyl disaster	160	90	70
For women living in the area of eviction due to the Chernobyl disaster with complicated childbirth	176	90	86
For women living in the zone of eviction due to the Chernobyl disaster upon the birth of twins	200	90	110

All listed periods of maternity leave are indicated on the sick leave certificate. A pregnant woman can voluntarily shorten her vacation, i.e. leave later than indicated in the documents, but due to this, the vacation dates do not move forward. In addition, social benefits are not paid for those days for which wages are accrued.

Conclusions for 2021

Here are the main conclusions about the timing of maternity payments in 2021:

In order to receive maternity leave, a woman must not miss the deadline for applying for it. You must apply for maternity benefits no later than 6 months from the date of the end of your leave under the BiR (Part 2, Article 12 of the Federal Law of December 29, 2006 N 255-FZ).
The employer assigns maternity benefits within 10 calendar days from the date the employee applies for such benefits. And the employer must pay maternity benefits on the day closest to the date established for payment of wages (Part 1, Article 15 of Federal Law No. 255-FZ of December 29, 2006).
As a general rule, maternity benefits are paid by the employer, but in some cases, the Social Insurance Fund pays benefits under the BiR, for example, if the employer is bankrupt.
The territorial branch of the Social Insurance Fund must pay maternity benefits within 10 calendar days from the day the woman submitted the application and the necessary package of documents (Part 2 of Article 15 of the Federal Law of December 29, 2006 N 255-FZ).

How are 20 days for payment calculated correctly?

It is correct to consider the payment period to be 20 days after the date of acceptance by the insurance company of the application for payment with all the necessary documents. What do public holidays mean? These are those holidays that are considered officially non-working days off. But ordinary Saturday and Sunday do not fall under these dates.

Let's look at an example! In our example, official non-working holidays are considered to be 1, 2, 3 and 8, 9, 10 May 2021. You are a victim of an accident and submitted an application with all the necessary documents on April 25, 2021. This means that you will receive the payment by May 21, 2021. That is, the numbers that are included in the 20 days required by law are April 26, 27, 28, 29, 30, 4, 5, 6, 7, 11, 12, 13, 14, 15, 16, 17, 18, 19 , May 20, 21. And on May 22, the insurance company will begin to delay payments under compulsory motor liability insurance.

It should be noted that insurance companies often like to talk about the start of the period of 20 days only after inspection or examination of the damaged car. This is illegal, since the quote from the law above calculates this period from the date of filing the application with a set of documents about the accident to the insurance company. Another common case is when insurers talk about 20 working days - this is also illegal, since the article provides for calendar days, except for non-working holidays.

What to do if benefits are not paid on time

The statutory deadlines for payment of maternity sick leave must be strictly observed by the employer. In case they are violated, there is Article 236 of the Labor Code of the Russian Federation.

According to this norm, if an employer delays maternity benefits, then they must immediately include interest of no less than one hundred and fiftieth of the key rate of the Central Bank of the Russian Federation in effect at that time on the amounts not paid on time for each day of delay.

In this case, the collective agreement or employment contract may provide for higher compensation for the delay.

If your employer violated the deadline for paying maternity benefits after taking sick leave in 2021, and did not transfer the money on time, you can immediately go to court. In this case, even if the organization voluntarily compensates the debt after your appeal, it is worth collecting legal costs from it (for example, attorney fees).

About the author of the article

Lidia Ivanova I am the editor-in-chief of the Sashka Bukashki website. More than 15 years of experience working with legal information.

What documents to provide for payment of benefits?

The list of papers that will be needed to apply for maternity leave consists of only 3 points:

application for the assignment of benefits (the unified form is not approved, it is drawn up in free form);
sick leave;
certificate of the amount of earnings for the previous 2 calendar years (unified form).

If a woman is unemployed, then the employment center issues the appropriate certificate for submission to the social security authority. If it works, then issuing a certificate in the approved form is the employer’s task.

It is important to know that in 2021, documents will be submitted electronically through the State Services portal. It is also possible to send them by mail. In this case, certified copies are sent, not original documents.

Maternity leave in 2021 for 2 and 3 children

The rules for calculating payments when going on maternity leave are the same, regardless of how many children there are in the family, i.e.

sick leave is paid based on the salary for the previous two years;
one-time benefit for early registration.

NOTE:
After a mother takes leave to care for a child up to 3 years old, she is paid a one-time allowance in connection with the birth of a child, and then until the date when the child turns 1.5 years old, a monthly allowance is calculated in the amount of 40% of the average amount. wages.

The difference in the accrued amounts arises if her salary is less than the officially approved minimum wage. In this case, the benefit is calculated in a fixed amount and is in 2021 (after July 1, 2017):

for the first child – 3120 rubles;
for each subsequent baby – 6131.37 rubles.

If a mother has older children and is on leave to care for both children, then the benefit amounts are added up.

ADDITIONAL INFORMATION

A similar situation arises when twins are born, i.e. for the first child, 40% of the salary is accrued, for two - 80%, for triplets and more children - no more than 100% of the accrued salary for the 2 full years preceding maternity leave.

Nuances of applying for maternity leave in 2021.

Summing up the discussion of legislation in the field of providing leave in connection with pregnancy, childbirth and the birth of a child, it should be noted that there have been no fundamental changes in the rules and amounts of payments.

In 2021, the practice of gradually increasing benefits, taking into account inflation trends, continued. Also, the minimum amount of maternity benefits is growing at a given pace, which in 2021 should be equal to the subsistence level.

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