New law on payments for up to 3 years during maternity leave in 2021

The concept of “maternity leave”: maternity leave, parental leave

Over the past two decades, our state has taken a course towards ensuring decent childhood and motherhood.
Many programs, federal laws, and new benefits have been developed that are designed to financially support families preparing to become parents. What payments can an expectant mother expect, how to understand the timing and types of maternity leave, what documents will be needed to register for maternity leave? This article will clarify all these points.

It’s worth starting with the fact that the concept of “maternity leave” is not legally enshrined anywhere. Articles 255 and 256 of the Labor Code provide the right to rest during pregnancy and birth of a child. Divided:

1. Leave for labor and labor (pregnancy and childbirth);
2. Holiday to care for the child.

The amount of child benefits since May 2018

The state provides several different payments for both birth and child care. Thanks to the changes made, from May 1 the amount of payments was:

Subsequently, this average amount of benefit payments is multiplied by a regional increasing coefficient intended for calculating wages in the region.

How long does it take to go on maternity leave and its duration?

The first type (B&R leave) is strictly for the woman herself. To obtain it, you need a sick leave issued by the medical institution where the expectant mother is registered. Its onset dates back to 30 weeks after conception.

The sick leave itself can last from 140 to 194 days:

• a total of 140 days (before and after birth, 70 days each);
• the amount of 156 days (70 days before birth and an additional 16 days after birth to the already existing 70 days. In case of caesarean section, childbirth after artificial insemination, significant blood loss, and other reasons, the woman in labor rests a little longer. The maternity hospital extends the sick leave, no additional treatment is required need to.
• 194 days for multiple pregnancy. A woman with twins or triplets goes on vacation 14 days earlier than with a singleton. And after childbirth, the sick leave period is extended by another 40 days.

Be sure to notify the HR department of your case so that they can issue an order for additional leave. To do this, you need to provide extended sick leave and fill out an application for additional leave. vacation.

Procedure for calculating sick leave for pregnancy and childbirth

BiR leave is paid:

• girls students;
• unemployed women at the labor exchange;
• dismissed upon liquidation of the organization;
• women in military service;
• employed employees.

Full-time female students have the right to academic leave and receive benefits from the educational institution. Its size is determined by the scholarship accepted at the given university. They have no right to expel students for absenteeism or poor academic performance. Payment is required even for those who study on a paid basis.

In other cases, the amount of the benefit depends on the length of work experience before pregnancy and the income of the last 2 years.

When an organization is liquidated, for example, due to debts or if an individual entrepreneur declares bankruptcy and ceases operations. It is important to understand that the law in this case is on the side of the woman in labor. The main thing is to immediately be registered with the employment center, thereby officially declaring that you are looking for a new job. Apply for benefits no later than one year after termination of the employment contract.

This type of payment can only be received through social security at the place of registration. This is because contributions from official income no longer go to the social insurance fund. The benefit is significantly less than that of a working mother-to-be.

Federal Law No. 81 of May 19, 1995 establishes a monthly amount of 300 rubles for those registered on the labor exchange. Thanks to the inflation index, this amount increased to 628.47 rubles. One day of sick leave costs (628.47 rubles/30 days) = 20.95 rubles. We get the following gradation:

• 140 days*20.95 rub. = 2,933.0 rub.
• 156 days* 20.95 rub. = 3,268.2 rub.
• 194 days* 20.95 rub. = 4,064.3 rub.

Please keep in mind that this type of government support is indexed starting in February of each year. Thus, the amount in 2019 will be higher.

In the case of maternity leave for an employee whose work experience is less than 6 months or this is her first job, as well as in a situation where maternity leave begins in the current year and there was no income for the last two years, the amount of the benefit will be determined from the minimum wage.

Since February 1 of this year, the minimum wage was 9,489 rubles, since May it was already 11,163 rubles, and in 2021 it will increase to 11,280 rubles.

Keep in mind that there is a minimum amount of sick leave on maternity leave based on the minimum wage, and the calculation is based on the federal value of this indicator, not the regional one.

What is the minimum for one-time financial assistance from the Social Insurance Fund? The following formula is used to obtain the amount of average daily earnings:

Formula for calculating average daily earnings based on the minimum wage

((minimum wage*24 (working days)/730 (sum of 2 calendar years)

If sick leave is open from January 1 to April 30, 2021, the amount will be:

• RUB 9,489 First we multiply by 24, then divide by 730 = 311.97 rubles.
• 140 days of sick leave * 311.97 rub. = 43,675.8 rub.
• 156 days * 311.97 rub. = 48,667.32 rub.
• 194 days * 311.97 rub. = 60,522.18 rub.

From May 01, 2021 After the increase in the minimum wage, the payment increased.

• RUB 11,163 multiply by 24, then divide by 730 = 367 rubles
• normal pregnancy and childbirth 140 * 367 = 51,380 rubles.
• complicated 156 * 367 = 57,252 rub.
• twins/triplets 194*367 = 71,198 rub.

This is almost 20 times more than if a future mother’s job was eliminated.

In a situation where a woman worked for a full 2 ​​years before going on maternity leave and is now actively working, it is necessary to calculate the amount of daily earnings. The woman in labor will be compensated for 100% of her earnings. Use this formula:

Formula for calculating average daily earnings based on income for the previous 2 years

Income for 2 years - amount for sick leave

730 (days in the billing period) – number of days on sick leave

Example 1:

Let's look at a simple case: a girl goes on maternity leave in June 2021. All earnings for 2021 are 750,000 rubles, for 2021 - 820,000 rubles after deducting sick pay. In 2021 I was sick for 12 days, in 2021 – 5 days.

• (750 000 + 820 000)/ 730 – 12 – 5;
• 1,570,000/713 = 2,201.96 rubles.

But the law sets a limit on social insurance contributions. In 2021 it was 718,000, in 2021 - 755,000, in 2021 it will be 815,000 rubles. This means that the numerator cannot be greater than these amounts. And the denominator in case of exceeding the maximum will always be equal to 730 days. We get:

• (718,000 + 755,000) / 730 = 2021.81 rubles.

In total, for the entire hospital stay, the mother in labor will receive:

• 140* 2021.81 = 282,493.4 rubles.
• 156* 2021.81 = 314,778.36 rubles.
• 194* 2021.81 = 391455, 14 rubles.

Features of accrual of sick leave for pregnancy and childbirth

Income from going on maternity leave is not subject to personal income tax, it is transferred on the day of the next salary, after sick leave is received, a maximum of 10 days is given for calculation, the funds are transferred from the social insurance fund.

Another important point is that if regional coefficients work for all the benefits listed above, then the BiR benefits are not multiplied by increasing coefficients. For example, workers in the Far North and residents of the Kuban will receive the same financial support.

According to the norms of the Labor Code of our country, when employing a woman preparing to become a mother in several places, each employer must give leave and pay the due benefits.

An important point is the opportunity for each employee to exercise the right to change years. This concession works if the employee was on maternity leave during the billing period. Thus, when you go on maternity leave again, you can choose the years with the highest earnings.

The unemployed are not entitled to this payment, since the Social Insurance Fund has not been replenished. Women military personnel receive a benefit amount that depends on the amount of their salary. It is calculated in the same way as for an employed mother. Military personnel also have additional social support in the form of:

• early vouchers to kindergarten;
• receiving food;
• payment for children's meals in schools.

There is a unique benefit for the spouse of a military personnel. If their marriage is officially registered, the 6th month of pregnancy has begun, a one-time assistance of 26,539.76 rubles is due. It is also subject to indexing.

The state also supports citizens who have adopted a newborn. The main condition is that the court makes a decision before the baby is 3 months old. You can rest for 70 days after birth or adoption, or 110 days if there are already several children.

Procedure for calculating maternity leave

After the end of the sick leave period, the right to leave appears in which the child will be raised until the age of 3 years. The peculiarity is that such leave can be taken out by the grandmother, husband, grandfather, other relatives of the child or guardians who actually take care of him.

This type of vacation can be taken either all at once or in parts. The positive point is that those on this type of leave receive benefits from the Social Insurance Fund and work part-time or at home.

The Labor Code of the Russian Federation establishes the right to pauses for feeding a baby who is not yet 1.5 years old. The woman is given an additional half hour of rest every 3 hours. With an 8-hour working day, she has the right to take breaks or go home 1.5 hours earlier. These hours are also payable and are not excluded from the calculation of the average salary.

The law also allows all time spent on parental leave to be included in the length of service. During the first 3 years of the baby’s life, the mother can be sure that she will retain her job. It is important to know that for calculating a future pension, only the period of the first year and a half will be taken into account, since this leave is paid. The time from 1.5 to 3 years of a child does not count towards the insurance period. On April 1, 2014, a law was adopted that made it possible to include 4.5 years in the insurance period at the birth of 3 children, that is, 18 months for each. Previously, this period was 3 years.

Benefit calculation

There are two options for calculating monthly benefits:

1. For those making social security contributions
2. Unemployed, without official employment, a good salary, with little experience, after liquidation or standing in an employment center.

In the first case, you need the formula:

Formula for calculating monthly benefits for working citizens

Average earnings*30.4*40%

The law still sets a maximum amount of monthly assistance. We have already calculated the maximum amount of earnings per day, it is 2,017.81 rubles, we get 24,536.57 (2,017.81 * 30.4 * 40%). This amount is the payment limit.

Example 2:

Let's look at a specific example: a girl, having officially worked for the organization for 3 years, was going to go on maternity leave in November 2018. Salary for 2021 is 315,000 and for 2021 – 345,000, the amount of sick leave has already been deducted. In 2021 she was sick for 7 days, in 2017 she was not sick at all. How much monthly benefit is she due?

1. Let's calculate the average daily income

• 315,000+ 345,000/ 730-7 = 912.86 rub.

1. Let's calculate the amount of benefits for BiR

• 912.86*140 = 127,800 rub.

1. Let's calculate the monthly payment up to 1.5 years

• 912.86*30.4*0.4 = 11,100 rubles.

In the second case, we apply the minimum wage indicator, the formula is quite simple, 40% of the minimum wage is taken into account.

Formula for calculating monthly benefits for unemployed citizens

Minimum wage*40%

If a girl goes on maternity leave from the beginning of 2021 to April 30, the amount of the benefit will be:

• 9,489*0.4 = 3,795.6 rubles

If the maternity leave took place after the first of May 2021, the amount will be greater:

• 11,163*0.4 = 4,465.2 rubles.

Know that you have six months to qualify for this payment; the child should not be more than 1.5 years old after applying. This applies to a greater extent to the unemployed and unofficially employed, who may not be aware of the benefits they are entitled to from the Social Insurance Fund.

It is also worth noting that after the child reaches 1.5 years of age, a state benefit of 50 rubles is assigned. If you are over 3 years old, no payment is due.

Law on payments

In 2021, no significant changes were made to the texts of the legislation on maternity leave. However, current circumstances must be taken into account when calculating benefits.

When calculating maternity benefits, variable indicators such as:

• Minimum wage, i.e. legally established minimum wages that every employer is required to pay;
• salary limits taken into account for calculating benefits;
• a list of years for which earnings are taken into account.

The listed data changes annually and even more often.

1. So in 2021, the minimum wage changed twice - as of January 1 and July 1, 7600 and 7800 rubles, respectively. In 2018, it is planned to increase the minimum wage to 9,489 rubles. Starting from 2021, it is envisaged that the minimum amount will come into line with the subsistence level, and this equality will be maintained in the future.
2. Similarly, the maximum (limit amount of remuneration) that is taken into account when determining maternity benefits has increased. If in 2021 it was 718 thousand rubles, then in 2021 it was 755 thousand rubles. In plans for 2021, this amount will increase to 991 thousand rubles.
3. In 2021, to calculate the salary fund, salaries for 2021 and 2021 are taken into account, i.e. two full calendar years preceding pregnancy.

Necessary documents and sample applications for maternity leave

To formalize the start of maternity leave, the expectant mother is required to provide the accounting department with a sick note from the gynecology department, where she is served for the entire period. Next, in free form, express in writing your desire to arrange leave for the first part of the maternity leave. It is better to write 2 copies of the application due to disputes with the employer.

A woman has the right to go on maternity leave later than the period indicated on the sick leave; no one can force this. An application for maternity leave must contain the following information:

• full indication of last name, first name, patronymic and position;
• name of the organization and full name of the director;
• request for leave;
• request for payment;
• information about sick leave (number and date);
• employee’s signature, last name with initials and date.

Moreover, it is better to ask for leave and the required benefits at once in one application. This is what an example statement looks like:

Based on the sick leave and the application, the personnel officer creates a new leave order for B&R. The same procedure will follow after the end of the sick leave. From the next day, an order for parental leave may be issued to the employee. It might look like this:

To assign benefits, a copy of the birth certificate and a certificate from the husband’s employer that he is not using parental leave will be useful.

Step-by-step registration instructions

Registration of maternity leave is a two-way process in which the pregnant employee and administration employees (HR managers, accounting, management) take part.

The expectant mother is obliged:

• at the beginning of pregnancy, register with a gynecologist;
• upon arrival of 30 (28 or 27) weeks, obtain sick leave and certificates from your doctor;
• obtain a certificate from the bank about the current account number for transferring benefits;
• make copies of your passport;
• submit to the personnel, accounting department or secretary the collected documents in the original and a copy of the passport;
• write an application for leave indicating its start and duration;
• indicate in the application your desire to receive maternity benefits;
• list the attached documents;
• read the text of the order for granting leave;
• Do not go to work from the specified date.

Employees of the enterprise responsible for processing maternity leave are obliged to:

• receive documents and a statement from an employee going on maternity leave;
• draw up and sign a vacation order;
• familiarize the applicant with it;
• calculate benefits;
• draw up a calculation note in form T-60, on the basis of which special payments are made;
• transfer it to the card or bank account specified in the application from the company’s funds;
• draw up documents in the prescribed form to reduce transfers to the social insurance fund by the amount of funds paid;
• prepare a report on the expenditure of the allocated amount in a timely manner.

Please note:
After giving birth, the woman in labor submits a copy of the baby’s birth certificate to the company. If circumstances arise to extend the leave, for example, complicated childbirth, then an additional sick leave sheet is submitted and the entire procedure with writing an application, calculating and paying benefits is repeated for additional days.

After the expiration of the leave period, mommy has the right:

1. write an application for leave to care for a newborn child;
2. give up vacation and go to work, and all documents for vacation and benefits will be completed by another family member, for example, the child’s father or grandmother.

IMPORTANT
It is not allowed to interrupt vacation at the initiative of the employer and call a pregnant or postpartum employee to work for production reasons.

Additional benefits that an expectant mother may qualify for at the birth of a child

We considered only 2 options for cash payments that financially support the family due to a woman’s temporary disability associated with maternity. After birth, the right to receive other benefits arises:

1. One-time payment for early registration of pregnancy. You must make your first appointment at the antenatal clinic before the start of the first trimester, namely 12 weeks. The size is indexed annually and is now equal to 628.47 rubles. To receive it, you need to bring a specially issued certificate from where you are registered; it must have a clearly readable signature and seal.
   It is given to the place of work or training, or, in case of unemployment, to the social security authorities.
2. A lump sum benefit at birth is based on a birth certificate and an application from one of the parents. The amount is 16,759.09 for each baby born in 2018.
3. Monthly assistance in the amount of the child's subsistence level in the region of residence is an innovation for 2021. The payment conditions are simple: you need to give birth to a child after January 1 of the current year and receive a salary below the official minimum, multiplied by 1.5. For example, if you live in the Chelyabinsk region, where the cost of living is set at 10,608 rubles, it turns out that your official income should not exceed 15,912 rubles. Then, until the age of one and a half years, you will be paid 10,221 rubles. additionally. Please note that when you replenish your family, this assistance is withdrawn from your maternity capital.
4. Monthly payment to a child whose father is undergoing military service . Started before the child’s third birthday and ends upon the expiration of the father’s conscription period. The amount of 11,374.18 rubles per person is paid in addition to all benefits.
5. Maternal capital. Issued upon the birth of a second or adopted second child. The denomination of the certificate is 453,026 rubles, which allows improving living conditions, mother’s pension, and educational services for children. Until a child turns 3 years old, you cannot manage maternity capital funds unless it concerns improving living conditions. The program has been extended until December 31, 2021. You can order a certificate from the Pension Fund or MFC.
6. A birth certificate is required for every expectant mother who has a compulsory medical insurance policy. It consists of 3 parts, because it pays for medical care services at the antenatal clinic, maternity hospital and clinic, where the baby will be observed until 1 year. Its face value is 11,000 rubles, 3,000 of which go to consultations, 6,000 go to the maternity hospital and 2,000 to the children's clinic. Funds are allocated from the federal budget to improve the quality of care provided during pregnancy, childbirth and pediatric monitoring of the baby.
7. A child tax deduction is applied annually , in the amount of 1,400 per month for each, if the family consists of one parent, then the amount doubles. At the birth of a third child, a deduction of 3,000 is due for him. The tax benefit is valid until adulthood and up to 24 years of age for a full-time student.
8. State support - intended for low-income families. Low-income is one where everyone's earnings do not reach the subsistence level. Help can be:
   additional payment for food with the products themselves or their cash equivalent. Products that can be washed include: dairy and fermented milk products, juices, meat and fruit purees, cereals and milk mixture. Implemented in the Moscow, Belgorod, Murmansk, Saratov and Astrakhan regions, as well as in Kabardino-Balkaria and Kamchatka. Cash payments are due in the Leningrad, Tyumen, Penza and Voronezh regions.
9. The Housing Code provides for social rental housing for low-income people. To do this, you need to receive benefits one by one. You can use the apartment for free.
10. subsidy for housing and communal services, if it is proven that more than 22% of the family budget is spent on receipts. It is valid for six months; in the absence of an increase in income, the right to a subsidy remains.
11. cash benefit for a low-income family with 3 or more children. Due in the equivalent of the child's subsistence level. The amount is determined by the region of residence. For example, for residents of Mordovia it is equal to 6,646 rubles, for Nenets it is 17,817 rubles. It is paid every month until the age of 3 years, you must confirm your status annually.
12. New mortgage program for families with 2 children, the state is obliged to co-finance the interest rate up to 6% during the first 3 years. If there was an addition to the family by 3 children after the beginning of the current year and until the end of 2021, then co-financing lasts 5 years. Housing properties under construction purchased from a legal entity are suitable for this.

13. Special benefits have been developed for families with 3 children. Let us immediately make a reservation that in each region the concept of a large family is different, and accordingly the assistance provided is different. All details are in Presidential Decree No. 431, dated 05/05/1992. We have already indicated the cash benefit in paragraph 8, and it is also stipulated:
    a plot of land for building personal housing or maintaining a vegetable garden. The benefit has been allowed since 2011. Keep in mind that the spouses should not have other land plots; they must live in this region for more than 5 years. The size ranges from 6 to 15 acres and is allocated based on an application to the City Administration.
14. full exemption or payment of part of the transport tax. A personal application to the tax office is required.
15. “regional” maternity capital, a cash payment from 25,000 to more than one hundred thousand rubles, which can be used for a new car, land or treatment of offspring.
16. The governor's allowance is legally enshrined in those regions of the country where there are poor demographic indicators. These are over 50 constituent entities of the Russian Federation, not counting the southern territories. The size of the payment is determined by the specific region independently, depending on the level of the subsistence minimum. For example, in the Chelyabinsk region 2,000 rubles are paid for the fact of birth. St. Petersburg residents will receive 21,500 upon the birth of their first child, while the second will receive 28,600. For Muscovites, a large financial payment is provided if you fall into the category of a young family; no one is yet 30 years old. There is a connection between the subsistence level (LS) and this benefit. Now in Moscow it is a multiple of 16,160 rubles. The amounts are:
    5 times the amount (80,800) for 1 child;
17. 7 times the size (113,200) for the second;
18. for the third and subsequent – ​​10 PM payments – (161,600)
19. Compensation for long-term admission to kindergarten. Until now, a complete list or amount of compensation for each region of Russia has not been adopted at the federal level. But there are separate decisions on the payment of this type of assistance in some regions of our homeland. For example, in Perm, from one and a half to three years old, the amount is 5,295 rubles, from three to 6 years old - 4,490 rubles. It is better to independently contact the social security authority in your area and find out about the compensation due.

Thus, maternity leave not only gives you the opportunity to become parents, but also to feel significant support from the state.

Maternity leave for men if the wife does not work

In cases where a woman does not work, the father can receive part of the benefits due in connection with the birth of a child.

First of all, this concerns a one-time payment. If the mother does not have a place of work, the father must collect a package of documents confirming the birth of the child and the mother’s lack of income, including:

• birth certificate;
• wife's work record;
• a certificate from the employment fund confirming that she is not registered;
• a certificate from the Social Insurance Fund confirming that the mother has not applied for benefits;
• a certificate confirming that the father lives in the same place as the child.

All of the above documents are attached to the application for benefits, which is submitted at the father’s place of work. Application deadlines are limited, i.e. it must be submitted before six months have passed since the birth of the child.

Also, the father can similarly take out parental leave in his name or take advantage of other benefits due to the mother of a small child (for example, working part-time).

Attention

Maternity leave is not issued to fathers who are military personnel, except for those who have entered into a contract. A military father can receive leave in the event that the mother has died, abandoned the child, or for other reasons the father is raising the child on his own. However, this leave is provided only for 3 months.