Minimum amount of maternity benefit in 2021 from the minimum wage

What is maternity leave

Let's first understand the concept itself. You will not find the definition of “maternity leave” in regulatory documents, but in practice it is used much more often than the official terminology. For the first time in the history of the USSR and Russia, maternity leave was established back in November 1917. Decree of the Council of People's Commissars "On benefits for pregnancy and childbirth." This is where the name came from – “maternity leave” or simply “maternity leave”.

The procedure for granting and paying for maternity leave after 1917. changed several times. Today, when a woman says “I’m going on maternity leave,” she usually means two leaves at once: for pregnancy and childbirth and for child care.

The calculation of payments for these vacations is largely the same, but each period has its own characteristics. Let's look at them in more detail in the following sections.

Maximum maternity benefit

The benefit limits in force in 2021 will be indexed. The maximum value of the maternity benefit in 2021 (from 02/01/2018) will be:

1. Normal childbirth (140 days) – 282,493.4 rubles. (RUB 2017.81 for 1 day);
2. Complicated childbirth (156 days) – 314,778.36 rubles;
3. Multiple births (194 days) – 391,455.14 rubles.

In fact, this means that even if the average woman's earnings for 2021 and 2021. above the maximum established by the state (RUB 2,017.81 per day), she cannot qualify for payments in excess of the state-approved limit.

Maternity leave

The right to this leave is established by Art. 255 Labor Code of the Russian Federation and Art. 10 of the Law of December 29, 2006 No. 255-FZ “On Compulsory Insurance...”. Its duration can be:

1. For a singleton pregnancy – 140 days.
2. If complications arise during childbirth - 156 days.
3. In case of multiple pregnancy – 196 days
4. When adopting a child up to 3 months - from the date of adoption and up to 70 days from the date of birth, two or more children - up to 110 days from the date of birth.

The amount of the benefit in this case is equal to 100% of average earnings, which is determined for the 2 years preceding the date of accrual of the payment. The benefit is paid as a lump sum for the entire vacation period

The minimum amount of maternity leave in 2021 must not be lower than the established minimum wage (minimum wage). Because The average earnings are determined for 2 years, then the monthly minimum wage is recalculated into daily earnings in the same way. The formula is given in paragraph 15(3) of the Regulations approved by Decree of the Government of the Russian Federation dated June 15, 2007 No. 375:

(minimum wage x 24 months) / 730 days

From May 1, 2018, the minimum wage increases from RUB 9,489. up to 11,163 rub. Therefore, the minimum benefit amount in 2021 will depend on the date of its assignment:

If maternity leave began before 05/01/2018, then the minimum average daily earnings will be 311.97 rubles. (9489 RUR x 24 / 730). Accordingly, the minimum amount of the BiR benefit for a standard maternity leave (lasting 140 days) will be 43,675.80 rubles. (RUB 311.97 x 140 days).

If maternity leave starts on 05/01/2018 or later, then the minimum average daily earnings will be 367 rubles. (RUB 11,163 x 24/730), and the minimum benefit for a 140-day maternity leave is RUB 51,380. (367 rubles x 140 days).

IMPORTANT: if the length of service of an employee going on maternity leave is less than 6 months, then she is paid a B&R benefit in an amount not exceeding the minimum wage for a full calendar month (Part 3 of Article 11 of Federal Law No. 255-FZ of December 29, 2006).

Minimum maternity benefit

This value is tied to the minimum wage - the minimum wage. It applies to those women whose wages are less than or equal to the state-approved minimum. In 2021, this value will be 9,489 rubles. per month. It is this value that is included in the draft federal budget for 2021 and for the planning periods 2019-2020.

Thus, the amounts of minimum maternity benefits in 2021, based on the established gradation, will be:

1. Normal childbirth (140 days) – 43,675 rubles. (RUB 311.97 for 1 day);
2. Complicated childbirth (156 days) – 48,667.32 rubles;
3. Multiple births (194 days) – 60,522.18 rubles.

If a woman is unemployed, then maternity payments are not provided for her, except for the following exceptions:

• University students. For the calculation and calculation of benefits, it does not matter in which educational institution the woman studies, on a paid or budget basis;
• Dismissed during the liquidation of the organization;
• Lawyers;
• Notaries;
• Individual entrepreneurs who have ceased to operate.

However, in order to receive maternity benefits in the minimum amount, these categories of women must properly register with the employment service as unemployed at least 1 year before pregnancy.

If a woman does not fall into any of these categories and is unemployed, then maternity benefits are calculated for her based on the established value:

• 2914 rub. - during normal pregnancy (140 days);
• 3247 rub. - during complicated pregnancy (156 days);
• 4038 rub. - in case of multiple pregnancy (194 days).

The basis for the unemployed in 2021 is a fixed amount - 20.81 rubles. for 1 day, or 632.76 rubles. per month.

If a woman serves in the ranks of the Armed Forces of the Russian Federation under a contract, then her maternity benefit is calculated based on the amount of her salary. In 2021, this value is 30 thousand rubles. per month.

Holiday to care for the child

The Labor Code provides the right to parental leave until the child reaches the age of three (Article 256 of the Labor Code of the Russian Federation). Unlike maternity leave, not only the mother, but also the father or other relatives or guardians who actually care for the child have the right to parental leave.

In terms of payment, parental leave can be divided into two parts - up to 1.5 years and from 1.5 to 3 years.

Until the child reaches the age of 1.5 years, benefits are paid in the amount of 40% of average earnings (Article 11.2 of Law No. 255-FZ). If care is provided for two or more children, the amount of the benefit is summed up, but it should not exceed 100% of earnings.

The minimum amount of care allowance is determined depending on the status of the recipient. If the benefit is paid by the employer to the working person, then its amount must be no less than 40% of the minimum wage established on the date the benefit was assigned. Thus, the minimum allowance for caring for one child for working persons in 2018 is year is:

If the recipient of the benefit is an unemployed person or an individual entrepreneur, then payments to him are made by a division of the Federal Social Insurance Fund of the Russian Federation in an amount not lower than the basic benefit. Its amount is established by clause 1 of Article 15 of Law No. 81-FZ of May 19, 1995 “On state benefits for citizens with children.” Taking into account all indexations, the basic amount of benefit per child from 02/01/2018 is 3,142.33 rubles.

As for the allowance for caring for two or more children, its minimum amount for all recipients is determined based on the basic standard. Starting from 02/01/2018, it is set at 6284.65 rubles.

The minimum wage is no longer applied here, because... a double benefit “by default” will exceed the limit calculated according to the minimum wage.

For low-income families, additional benefits for child care up to 1.5 years have been established (Law No. 418-FZ dated December 28, 2017 “On monthly payments to families with children”). Families with an income per person below 1.5 times the subsistence minimum are eligible to receive them. The amount of the payment is equal to the subsistence minimum per child established in the region in the second quarter of the previous year. Those. the amount is fixed for the current year and has no minimum or maximum restrictions.

The child care allowance for children aged 1.5 to 3 years was established by Decree of the President of the Russian Federation dated May 30, 1994 No. 110. The amount of this payment (50 rubles per month) today can be considered symbolic, so many parents do not even bother to apply for it. The government is currently discussing the issue of increasing it, but no decision has been made yet.

Main types of maternity payments in 2021

The concept of maternity leave covers either only leave and sick leave for pregnancy and childbirth (B&C), or all types of rest at the birth of a child, including caring for a child up to 3 years of age.

Accordingly, many consider maternity leave in 2021 not only directly the B&R benefit, but also all other types of social guarantees

, intended for pregnant and postpartum mothers. In particular, the full list of possible payments when going on maternity leave includes:

One-time:

• one-time – at birth;
• maternity payments under the BiR;
• for early registration.

Monthly:

• child care up to 1.5 years old;
• care from 1.5 to 3 years;
• monthly payments for the first child.

Other types of benefits:

• maternity capital at the birth of the second baby;
• birth certificate;
• regional and departmental.

Not only women, but also men raising children can count on certain maternity guarantees and payments in 2021. In particular, a man can go on parental leave and also receive maternity capital.

What are maternity payments?

You can discuss the amount of maternity benefits only after it becomes clear what it is. The fact is that not all women clearly understand what maternity leave is, believing that this name can describe the time spent on leave intended to care for a baby under three years of age. Maternity leave, in accordance with the law, can only be called during the period of preparation for pregnancy (about 140 days, which are divided into two equal parts), and this period is paid either by social assistance authorities or employers.

In general, maternity leave is intended for working mothers, so special attention should be paid to the fact that first of all, the expectant mother must register for pregnancy (for this, the employer will also pay her a small financial assistance in the amount of about 500 rubles). Then, a certificate of pregnancy and its progress obtained from a doctor must be submitted to the accounting department, because the minimum amount of maternity payments in 2021 will be calculated on the basis of this document.

The duration of maternity leave may vary, because it depends on the number of children and the difficulties that women may encounter during childbirth, respectively, and maternity leave in this case must be paid on an individual basis. The normal course of pregnancy and the birth of one child gives the right to maternity leave in the amount of 140 days, difficult childbirth extends the leave by another 16 additional days, and for the birth of twins, maternity leave will be paid for 194 days, which are divided into 84 days before the birth and 110 after .

“Maximum” that pregnant women can count on

Official government news says that no special changes are expected in the calculation of financial assistance for pregnant women at the enterprise, therefore the maximum maternity payments in 2021 in Russia, as well as the minimum, will have the same amount. Accordingly, women who have already encountered this issue in the past can easily try to calculate the amount of these payments themselves. The maximum amount of financial assistance can be determined based on data on wages received over the last two years of work. It is necessary to calculate the amount of average earnings for one day, and then multiply it by the number of maternity days provided by law.

There is nothing complicated in this matter, you just need to correctly calculate your earnings and then the amount received will be the most correct. If a woman works simultaneously in two places, she can receive help from several enterprises at once. However, one cannot help but say that the authorities have established maximum permissible standards for assistance to women on maternity leave, therefore, regardless of wages, the maximum amount of maternity payments in 2021 in Russia will be:

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• ​ about 250 thousand rubles, if the vacation does not exceed 140 days;
• ​ 276,000 rubles for a vacation of 156 days;
• ​ and women will be able to receive 350 thousand rubles if their maternity leave lasts for 194 days.

Special attention should be paid to the information that in order to receive financial payments, a woman who is expecting a child must provide the accountants of her own enterprise with papers as early as possible. This can be done after childbirth, but only until the baby is six months old, otherwise the opportunity to receive funds is simply canceled.

It’s easy to guess that if there are maximum payments, there are also minimum payments, which are usually paid to those who did not work for the last two years before going on vacation, because then it is impossible to get a certificate to calculate the average income, as well as to those who got laid off by the organization. The minimum payment should be about 4,500 rubles, which today is simply a ridiculous amount, on which it is impossible to live even for a week, not to mention the fact that the child requires much more finance.

What is important to know about maternity leave?

There are several very important nuances that must be taken into account when applying for maternity leave:

1. Not only the mother, but also the father of the child has the right to go on maternity leave. The family resolves this issue independently. If it is decided to leave the father on maternity leave, then the documents are submitted to the accounting department at his place of work, study, or to the social security authorities.
2. After receiving an application for maternity leave, the enterprise issues an order for maternity leave, on the basis of which an entry about the beginning and end of maternity leave is made in the employee’s personal card.
3. The payment period for maternity benefits is no later than 6 months after the end of the vacation.
4. If a doctor orders a woman to go to the maternity hospital for safekeeping (for medical reasons), then these days are included in maternity leave.