How many days after maternity leave is transferred?

How maternity social benefits are paid: terms

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).

Let us remind you that in order to receive maternity leave, the employee must submit sick leave to the employer according to the BiR and write a corresponding application (Part 5, Article 13 of the Federal Law of December 29, 2006 N 255-FZ).

If the employer violated the deadlines for paying maternity benefits, then, together with the amount of the benefit, he must pay the employee compensation for the delay (Article 236 of the Labor Code of the Russian Federation).

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).

In this case, the employer will face administrative liability, fraught with a large fine (up to 100 thousand rubles) and removal from a managerial position.

If payment deadlines are violated, you can contact the labor inspectorate, prosecutor's office, or judicial authorities. The support of a qualified specialist will allow you to defend your rights and receive the money due under the law in full.

After all documents have been submitted to the personnel department or accounting department, the organization prepares an order for leave and payment of all due funds. The calculation must be completed 10 days in advance, and payment can be made on the nearest salary transfer date. The entire amount is issued at a time for the entire vacation period.

Approximately according to the same scheme, additional one-time benefits are issued when registering in the early stages of pregnancy and birth benefits. Having received the application and documents, the employer or other body making the payment must pay them to the woman within ten days.

How long is sick leave paid?

For how long is sick leave paid by the employer? From the day the employee submitted the certificate of incapacity for work to the accounting department, the employer has 10 calendar days to assign benefits. And it must be paid on the next pay day after the granting of benefits, established in the organization (Part.

1 tbsp. 15 of the Law of December 29, 2006 N 255-FZ).

Example. Worker Petrov M. I was sick from January 26 to February 1, 2020. He went to work on February 2 and on the same day handed over a certificate of incapacity for work to the accounting department.

In accordance with local regulations, salaries to employees of the organization are paid no later than the 22nd of the current month and no later than the 7th of the next month.

Legal concept of maternity payments

As such, the legal concept of “maternity payments” does not exist.”

At the state level, the funds that a woman receives in connection with expecting and raising a child are divided into two types of payments:

1. Maternity benefit. Together with it, a benefit for registration in the early stages of pregnancy is usually issued.
2. Benefits assigned after the birth of the baby (one-time at the birth of the child and monthly for his care.)

A woman receives the first of the above benefits when she goes on maternity leave. The right to it is provided for in Art. 255 and the Labor Code of the Russian Federation.

Monthly payments begin when the woman takes appropriate leave (Article 256 of the Labor Code of the Russian Federation).

When is maternity benefit paid: before or after childbirth?

The law stipulates a single amount only for one-time financial assistance at the birth of a child and an incentive payment for early registration. But the answer to the question of when maternity benefits should be paid: before or after childbirth is clear. Maternity benefits must be paid before childbirth in any case .

The benefit amount is calculated based on the average official earnings for the last two years. That is, to calculate benefits in 2019, amounts received in 2020 and 2020 are taken. The maximum amount cannot exceed, according to the law, 228,603 rubles, and the minimum amount cannot be less than 26,995 rubles.

A woman must receive benefits no later than the date closest to the date after all documents are submitted when the salaries of the rest of the employees are calculated.

How is money credited and paid?

According to Law No. 255, all benefits related to pregnancy and childbirth are required to be paid by the employer, not the state.

Subsequently, the Social Insurance Fund returns to the employer the money paid to the employee, subject to the provision of the necessary documents.

The mother’s social status influences where she receives financial assistance:

• female students studying full-time are financed from the local budget through the dean’s office;
• unemployed women registered with the Labor Center are entitled to benefits under the BiR. Funds are allocated to pay for them from the state budget through the Social Insurance Fund. Also, employees dismissed during the liquidation of an enterprise have the right to receive maternity leave;
• women running small businesses (individual entrepreneurs) also have the right to receive maternity benefits, provided that they are registered for tax purposes with the Federal Tax Service and make contributions to the Social Insurance Fund. Funding is provided by the Social Insurance Fund.

If the employer refuses to pay maternity benefits, the woman has the right to file a complaint with the Social Insurance Fund of the locality where the employer is located.

After submitting all the necessary documents to the accounting department, the employer has 10 days to check them and calculate payments.

Read more about the timing of payment of benefits under the BIR here. The employer is obliged to pay the employee money, even if she continues to work at the company after 30 weeks of pregnancy.

Social security authorities transfer payments no later than the 26th of the next month.

This benefit is not taxable

For more information on the timing of payment of financial assistance at the birth of a baby, see here.

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).

Considering all of the above, the question of when maternity benefits are paid: before or after childbirth, can be answered this way: it all depends on exactly when the employee applies for such payment.

As a general rule, maternity benefits are paid by the employer, but in some cases, the Social Insurance Fund makes the payment of benefits under the BiR, for example, if the employer is bankrupt (Part 4 of Article 13 of the Federal Law of December 29, 2006 N 255-FZ).

You can read more about cases where maternity benefits are paid by the Social Insurance Fund in a separate article.

Cash compensation can be received before or after childbirth. How long maternity benefits are paid depends on when the woman submits the documents to the HR department.

To receive compensation before the onset of labor, you must bring documents immediately after the gynecologist issues a sick leave. Maternity benefits will be paid for 10 calendar days with salary calculation.

If circumstances arise in which a woman is forced to submit documents late, the money will not be lost and will be paid after the birth. The main thing is not to forget to come for the required compensation no later than three years from the date of appointment.

After the end of the first vacation, the woman either goes to work or takes out a second paid maternity leave to care for the baby before he turns 3 years old. When is maternity pay paid at this stage? Monthly with salary calculation.

The amount of compensation is related to the minimum subsistence level. This value depends on rising prices and inflation in the country and is regulated at the legislative level. Compared to 2020, the upper limit of compensation in 2020 for maternity leave increased by an average of 21 thousand rubles. The amount of payments is discussed in more detail in the table.

The lower limit of compensation in 2020 changed slightly, on average by only 627 rubles, compared to 2020. The payment amount is discussed in detail in the table.

If the amount of time worked is less than six months, then maternity benefits are paid in the amount of the minimum wage, which in 2019 was approved in the amount of 11,280 rubles.

The maximum compensation for leave to care for a 1.5-year-old child is 26,152 rubles. The minimum amount is 4512 rubles.

Payments are reduced to 50 rubles. per month after the child reaches 1.5 years of age and up to 3 years.

If a woman is raising several 1.5-year-old children, maternity benefits add up, but the total amount should not exceed the salary.

According to the order of the Ministry of Social Development, which regulates the payment of maternity money, the employer is obliged to assign benefits within ten days from the moment of applying for this money. The day on which the application was made is considered the day the application was submitted, which is registered by the personnel officer.

If the employer commits violations, you have every right to complain to the labor inspectorate about his actions, and the management will face a large fine. It is also permissible to file complaints with the prosecutor's office and the social insurance fund.

When should maternity pay be transferred after taking sick leave?

Hello, I also have the same problem. I myself work in a hospital (only as an economist, and have never encountered this before) in the same place where I gave birth. I went on maternity leave on August 19, immediately gave in sick leave, they said that the money would be credited as soon as I brought my birth certificate. gave birth on October 4th. They gave the saint away right away. So, I’m still sitting here waiting for money. Somehow I don’t want to complain about my own people, but they still feed me breakfast =(sad.

An employee has the right to apply for benefits no later than six months from the end of maternity leave. If this deadline is missed, then the decision to assign benefits is made by the territorial body of the Federal Social Insurance Fund of the Russian Federation if there are good reasons for missing the deadline for applying for benefits (clauses 2 and 3 of Art.

12 of the Law on Sick Leave). The list of valid reasons for such a situation was approved by Order of the Ministry of Health and Social Development of Russia dated January 31, 2007 N 74. Responsible persons of the organization where a pregnant woman performs her work duties must correctly fill out all documentation. The basis for initiating the process is the same certificate from the supervising doctor.

After submitting an application, the employee must register it and then make an order for the organization. It states that the immediate supervisor gives instructions on the provision of leave with appropriate payments. Within how long you are required to transfer money to your account depends on the stage of pregnancy. You must take a certificate from the clinic where you are registered (issued at 30 weeks of pregnancy) and present it to the employer.

This must be done no later than 6 months from the date of receipt of the certificate and sick leave, because after the delay, the decision on payment is made by the social insurance authorities. Maternity benefits are issued in accordance with the schedule for receiving funds by employees of your organization, but they will be accrued no later than 10 days after the documents are submitted;3. Temporary disability and maternity benefits assigned but not received by the insured person in a timely manner are paid for the entire past period, but not more than for three years preceding the application for it.

A benefit not received by the insured person in whole or in part due to the fault of the employer or the territorial body of the Social Insurance Fund of the Russian Federation is paid for the entire past time without any limitation. We figured out how long sick leave is paid for. But in addition to the period when the company must pay sick leave, Law 255-FZ also determines the period when the employee must submit this sick leave to his employer. The employee must submit sick leave to the accounting department within 6 months after restoration of working capacity, the end of the period of release from work in connection with caring for a family member or determination of disability (Part.

1 tbsp. 12 of the Law of December 29, 2006 N 255-FZ). How to Quickly Pay Maternity Benefits after Submitting Sick Leave

How and where to get it?

Maternity benefits are allocated from the budget of the Social Insurance Fund (SIF) to organizations (i.e. as compensation) or from the federal budget to educational institutions and the Social Security Administration. The amount of payments depends on the social status of the woman.

Payments are due:

• employed;
• Individual entrepreneur, if all required contributions have been paid;
• pregnant women undergoing full-time training in state institutions of vocational, technical or higher education;
• laid off due to staff reduction or liquidation of the enterprise;
• registered with the employment service.

When do you receive maternity pay?

• on maternity leave;
• on parental leave until the child is one and a half years old.

You can apply for payments at any time after receiving a sick leave certificate for pregnancy and childbirth, but no later than 6 months after its closure. When maternity benefits are paid - before or after childbirth, it depends on the time of application for them.

A woman who was working at the time of receiving benefits will receive benefits from the employer on the day the salary is transferred.

An unemployed mother will receive money from social security authorities - on a bank card or savings book.

Size

A working woman will receive money based on the average monthly income from the employer over the past two years. The amount is divided by 730 days and multiplied by the number of vacation days. The % coefficient is taken into account (to calculate daily earnings). An unemployed woman will receive 581 rubles.

Child care money is paid every month. The amount is 40% of a woman’s salary.

You need to find out how long you can receive maternity benefits in order to decide on your personal or family budget. The benefit is paid in a lump sum, taking into account vacation days. Child care payments are made for 1.5 or three years.

The question of whether a husband can receive maternity money instead of his wife worries many people. Most often this is due to the fact that men have a higher average salary over two years than women, and they hope to benefit.

Alas, I have to disappoint you: a man cannot claim actual maternity leave. Why? Very simple. This is a maternity benefit, and both are exclusively a woman’s lot, and there is simply no reason for it to be awarded to a man.

You shouldn’t be overly deluded about the size of the benefit - it’s not that big, so when the child’s parents find that they don’t have enough money for everything they would like to give their baby, they wonder whether it’s possible to take out a loan during maternity leave .

The answer to this question is positive, but the conditions under which most banks offer loans are not always favorable: as a rule, financial institutions set a fairly small credit limit and a high interest rate, and this does not suit all potential borrowers.

As you can see, there is nothing complicated about the issue of receiving maternity money! Along with sick leave and an application for maternity leave, you need to submit an application for payment of money, and then wait for it to be transferred to the card (most organizations practice this method of paying employees).

In the event that after 10 days, the number of days before the next day of payment of salaries, the funds have not been transferred, it makes sense to remind your superiors of your rights, and if there is no response on their part, complain to the regulatory organizations.

An important feature is that maternity benefits can only be received by a woman who subsequently becomes a mother; it is due to the following group of persons:

1. Women working officially.
2. Unemployed women registered at the employment center.
3. Individual entrepreneurs registered with the Federal Tax Service.
4. Full-time students of universities and colleges.
5. Women serving in the army under contract.

People who adopt a child under 3 years of age are also entitled to receive child care benefits.

Not only the mother, but also the father of the child, or any other person looking after him can count on other payments.

All working women, including those liable for military service, students, employees of military organizations who are not military personnel, as well as unemployed people registered at the labor exchange, can take advantage of the right to receive maternity leave.

The state pays financial support to women:

• employed;
• full-time female students;
• unemployed if they were fired due to layoffs or liquidation of the enterprise;
• liable for military service.

If the length of service before going on maternity leave is no more than 6 months, benefits and compensation in this case will be calculated based on the minimum wage.

Terms of maternity payments according to the law of the Russian Federation

Maternity leave is issued for the prenatal period for 70 or 84 calendar days and 70, 86 or 110 calendar days postpartum. In total, on average, maternity leave ranges from 140 to 19 calendar days. Duration of maternity payments by law According to Art. 15 of the Law of the Russian Federation No. 255 213-FZ dated December 29, 2006. The period for assigning maternity benefits is made within ten calendar days from the date of filing the application, which is supported by a package of necessary documents.

• Application from an employee for maternity leave and child care leave.
• Sick leave from Deretnitsa, which indicates the beginning and end of the vacation.
• Certificate 182n from an employee from her previous place of work, if she worked at your company for less than six months before going on maternity leave.
• Certificate confirming that the maternity leaver has not received other maternity benefits. To avoid double payment of benefits to a maternity leaver from the Social Insurance Fund.
• For the Social Insurance Fund, you will need to fill out form 4-FSS, special attention must be paid to filling out lines 3, 5 and 15, which indicate the start date of the maternity leave you are providing and the amount of payment calculated by your accountant.
• A quarterly report to the Social Insurance Fund, which records the provision of leave for temporary disability.
• A report submitted to the Federal Tax Service, which indicates the dates of the actual receipt by the maternity leaver of the agreed upon amount of a one-time payment from the enterprise.
• Monthly report to the pension fund. It must indicate information about social contributions; the report indicates that your employee is currently on leave due to temporary disability or child care.

All maternity payments to the employer are compensated from the social insurance fund of citizens of the Russian Federation, so correct calculation and execution of all documents protects you from loss of finances. Based on all of the above documents, the employer is obliged to issue an order granting the employee maternity leave and the right to receive maternity benefits from the company. Based on this order, the accountant at the enterprise calculates the amount of maternity benefits for the employee. Delays in payments from the Social Insurance Fund may occur if your employer makes unscrupulous contributions to the fund.

If your employer has a zero balance or is declared bankrupt, then difficulties on the part of the Social Insurance Fund are inevitable. In this case, payments will be calculated and made by the social insurance fund based on the minimum coefficients. At the enterprise, after submitting an application and providing a certificate of incapacity for work, indicating the start and end dates of maternity leave, the amount of a one-time maternity payment is calculated. The calculation is made taking into account the employee’s daily salary during the last 6 or 12 months of work.

The total amount of payment depends on the billing period at the company from which she goes on maternity leave.

If the insurance period is less than 6 months, or the woman was dismissed due to liquidation, or is a full-time student at a budget institution, or is unemployed, such a woman is paid a minimum amount of care allowance. The approximate amount of the benefit is about 3,000 rubles for the first child and 6,000 for the second. Each region sets the minimum benefit amount independently.

• Application for granting benefits,
• Certificate from the employment service,
• Work record book + copy of work record (if available),
• Certificate of temporary incapacity for work.

In the case of calculating the amount of monthly child care benefits, the same amounts are taken, but the calculation itself is made with some differences: The average daily income is multiplied by the average monthly number of days, i.e. by 30.4 days, and not by the number of days of disability.

Termination of an employment contract is formalized (by order) of the employer.

The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction). In the event that an order (instruction) to terminate an employment contract cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it against signature, a corresponding entry is made on the order (instruction).

The day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but in accordance with this Code or other federal law, he retained his place of work (position). ConsultantPlus: note. On the day of dismissal, the employee is given the amount of earnings for the two previous years, according to OPS insurance contributions and in form 2-NDFL.

Upon termination of an employment contract due to the liquidation of an organization (clause 1 of part one of Article 81 of this Code) or a reduction in the number or staff of the organization’s employees (clause 2 of part one of Article 81 of this Code), the dismissed employee is paid severance pay in the amount of the average monthly salary, as well as for he retains the average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay).

In exceptional cases, the average monthly salary is retained by the dismissed employee for the third month from the date of dismissal by decision of the employment service body, provided that within two weeks after the dismissal the employee applied to this body and was not employed by it.

The Certificate is issued on the day of termination of work (service, other activities) for the insurer, during which time the person was subject to compulsory social insurance in case of temporary disability and in connection with maternity. If it is impossible to deliver the Certificate directly on the day of termination of work (service, other activity), the policyholder sends the insured person to the address of his place of residence, known to the policyholder, a notice of the need to appear for the Certificate or to give consent to send it by mail.

If the insured person agrees to send the Certificate by mail, the specified person shall notify the policyholder in writing.

To assign and pay these benefits, the insured person submits a certificate (certificates) about the amount of earnings from which the benefit should be calculated from the place (places) of work (service, other activity) with another policyholder (other policyholders), and for the appointment and payment of the specified benefits by the territorial body of the insurer - a certificate (certificates) on the amount of earnings from which the benefit should be calculated, and documents determined by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of labor and social protection of the population , confirming insurance experience.

Payment procedure and conditions

The woman receives it in a lump sum before giving birth, and not after, and it is calculated as follows:

• the income of a woman going on maternity leave for the last two years is summed up;
• the resulting amount is divided by the total number of days of these two years (730 or 731);
• the result of the division is multiplied by 140 (standard sick leave). The resulting number will be the amount for a lump sum payment for pregnancy and childbirth.

In some cases, the period may be extended due to multiple pregnancies or complications during pregnancy.

A one-time maternity payment is made by the employer when the employee submits the following documents to the accounting department:

1. A sick leave certificate issued by a gynecologist observing a woman. This document is issued when the pregnancy reaches 30 weeks.
2. Certificate of income from previous place of work for the previous two years. Required if the woman worked in another company in previous years.
3. Application for payment.

Unemployed pregnant women registered with the Central Employment Service receive benefits under the following conditions:

1. No more than 12 months have passed from the moment of dismissal or liquidation of the enterprise to 30 weeks of pregnancy.
2. To receive benefits, you need to provide the social security authorities with a sick leave certificate, a work book with a record of your last place of work, and a certificate from the Employment Center stating that the pregnant woman is registered as unemployed.
3. The benefit is paid according to the standards established in a particular region for the unemployed (the amount is indexed annually).

A full-time student is paid benefits based on the average scholarship amount of the educational institution where she is enrolled.

Benefits are also paid in the form of a scholarship. For registration, you only need a doctor’s certificate and an application.

To receive maternity benefits, individual entrepreneurs need to contact the local Social Insurance Fund with an application, sick leave and a copy of the state certificate. registration as an individual entrepreneur.

In general, the design procedure looks like this:

• An employee (unemployed, student, individual entrepreneur) submits the entire package of documents to the employer (FSS, dean's office);
• The employer (FSS, dean's office) calculates the amount of maternity benefits;
• The employer (dean's office) submits its calculations to the Social Insurance Fund, from where the woman receives the funds. If there is a delay, the employer himself pays the money, which is then compensated from the local budget.

Other payments

When a child is born, a woman needs to collect a new package of documents in order to receive monthly payments and a lump sum birth benefit.

The list of documents includes:

1. Baby's birth certificate.
2. A certificate from the father’s work stating that there are no payments to the child.
3. Application for payment.

Otherwise, the procedure for receiving these benefits is similar to receiving financial assistance for pregnancy and childbirth.

Terms of maternity payments according to the law of the Russian Federation

• Of course, the first and most important thing is the certificate of incapacity for work issued by the gynecologist from the antenatal clinic where you are registered. It must indicate the date of the expected birth; it is from this that the beginning and end of maternity leave is calculated.
• A statement drawn up by a maternity leaver addressed to the employer stating that you will be absent from the workplace, for what reason and for how long. The time and reason are indicated on the basis of the certificate of incapacity for work.
• Certificate of income that was accrued to the maternity leaver over the last 6 or 12 months.
• Identification documents of the maternity leaver and their copies.
• Bank details of the card or account to which maternity payments will be credited.
• After the birth of the child, you will need to continue the registration procedure to receive child care benefits, for this you will need the following documents: Another application addressed to the employer, this time the reason is child care.
• Bank details are provided again.
• Documents that certify the identity of the person applying for the benefit.
• Copies and originals of the child’s birth certificate/certificates.

Maternity leave is issued for the prenatal period for 70 or 84 calendar days and 70, 86 or 110 calendar days postpartum. In total, on average, maternity leave ranges from 140 to 19 calendar days. Duration of maternity payments by law According to Art. 15 of the Law of the Russian Federation No. 255 213-FZ dated December 29, 2006. The period for assigning maternity benefits is made within ten calendar days from the date of filing the application, which is supported by a package of necessary documents.

What other payments are due to the expectant mother in 2019?

For the birth of a child, the state pays compensation equal to 16,759 rubles. This payment is received once upon presentation of a birth certificate at the place of work.

Since January 2020, the state has been paying monthly benefits in the amount of 10,836 rubles. To qualify for compensation, family income should not exceed 1.5 minimum wages for each family member.

Additional one-time increase in the amount of 628 rubles. will be received by the expectant mother who registers before the 12th week of pregnancy.

When a second child is born in the family, the woman will receive maternity capital in the amount of 453,026 rubles, which can be spent on education, buying a new apartment or pension.

The list of benefits for pregnant women is established in Federal Law No. 81.

Based on the content of Art. 3 of this law allocate the following payments:

• maternity leave;
• money at the birth of a child;
• Child care payments – monthly.

Payments are also established:

• when identifying a child for foster care;
• a pregnant wife if her husband joined the army;
• benefits for the child of a conscript soldier.

Who pays maternity benefits

To receive benefits under the BiR, the expectant mother brings a sick leave certificate to the employer, writes a statement, and within 10 days from the date specified in her application, the benefits must be accrued. How long maternity benefits must be paid depends on the discipline of the employer. According to the law, he must pay the woman going on maternity leave the entire amount of her benefits on the next payday established by the company.

Download the application for maternity leave

If the region participates in the FSS pilot project, the B&R benefit is paid directly from the Fund.
In this case, the woman also submits the sick leave, if it is traditional paper and not electronic, to the employer. Within 5 days, he fills out the necessary columns of the form and sends it to the FSS. There, within 10 days, the benefit amount is calculated and it is transferred to a bank card, bank account or by postal order at the employee’s place of residence. More information on how maternity leave is paid can be found here. Please note: only if certain conditions are met, a pregnant employee has the right to receive maternity benefits.
Namely: she must be officially employed, and also be registered for pregnancy in a medical institution. If, at the end of the BiR leave, a woman takes maternity leave for up to 3 years, then how long maternity pay in this case depends on the mother’s desire to stay at home with the baby, but no more than one and a half years.

The transfer of benefits is made by the employer, the funds are provided by the Social Insurance Fund. In pilot regions, care payments for up to one and a half years are made directly to the mother (or to the person who took care leave).

Part-time If a woman works part-time, then B&R benefits are paid to her at each place of work. This is stated in Article 13 of Federal Law No. 255. However, the monthly child care benefit is paid by the insurer at one of the places of work of the employee’s choice, calculating it based on the average earnings at this place of work.

In accordance with the law “On compulsory social insurance in case of temporary disability and in connection with maternity,” a young mother receives a care allowance for up to one and a half years in the amount of 40% of average earnings, if her insurance period is sufficient for such payment.

If the insurance period is less than 6 months, or the woman was dismissed due to liquidation, or is a full-time student at a budget institution, or is unemployed, such a woman is paid a minimum amount of care allowance. The approximate amount of the benefit is about 3,000 rubles for the first child and 6,000 for the second. Each region sets the minimum benefit amount independently.

Having received an application from a pregnant woman, the social protection center or the employer (in the pilot region this is the Social Insurance Fund) are required to calculate the payment within 10 days. How many days later maternity benefits must be paid in this case is established by the rules. The deadline for payment of benefits is no later than the 26th of each month, if the payment is made by the Social Security Administration.

We must remember that a young mother has the right not to take maternity leave. It can be issued by a father or grandmother (not a pensioner), or guardians. In this case, the amount of the care allowance will be calculated at the place of work of the person who took care leave. If the father takes leave, he provides a certificate from his wife’s place of work that she is not using care leave and is not receiving benefits.

The process of obtaining maternity leave

For pregnant women applying for benefits, there are several mandatory conditions. A woman should:

• have an official place of work;
• register with a antenatal clinic or other medical institution;
• have a certificate of incapacity for work;
• be on maternity leave.

What to do to receive benefits:

• Register with the antenatal clinic and at 30 weeks receive a certificate indicating the period during which observation is required.
• Contact your doctor for sick leave during pregnancy and childbirth.
• Obtain certificates about the calculation of average wages from each of the enterprises where you have worked over the past two years.
• Write an application for maternity leave addressed to the manager of your current place of work, and include in it a request for payment of benefits. Get a signature.
• Submit the application, certificates, passport and account details of the recipient to the HR department independently or through the manager’s secretariat.

How quickly maternity benefits are paid at work depends on the integrity of the employer. Calculation of payments must be made no later than 10 days from the date of application. Money is transferred on payday.

If the enterprise is inactive during the designated period, the woman can directly contact the Social Insurance Fund with the same application. So, the money will go from the Social Insurance Fund to the young mother’s account, bypassing the employer.

Those wishing to punish unscrupulous management should contact the Labor Inspectorate. If this does not help and the money does not appear in the account within the next 3 months, it makes sense to go to court, where, in addition to benefits, you need to demand compensation for moral damage.

Maternity money consists of two one-time payments:

• for early registration - depending on the average salary, but not more than 581,730 rubles;
• postpartum fixed payment 15,512.65 rubles.

In the first case, the document allowing you to receive a fixed payment is a certificate from the gynecologist about registration. The second contains the child’s birth certificate.

Both parents have the right to post-natal payment. That is, either the father or the mother can apply for it.

• Officially employed pregnant women apply for payments to the accounting department of the organization in which they work.
• Full-time students can get help in this matter from the dean's office of their educational institution.
• Temporarily unemployed women registered with the employment center and individual entrepreneurs apply for their maternity benefits to local Social Insurance Fund authorities.
• Unemployed mothers apply for benefits to social protection authorities.

What to do if payments are delayed?

To begin with, if payment is delayed, it is recommended to contact the accounting department or speak directly with the manager. In some cases this really helps. An error could have occurred in the accounting department, it will be corrected and the situation will change.

But there is another option in case of what to do if the employer does not pay maternity benefits. You should submit your application directly to the FSS. After this, the money should arrive in the recipient's account.

If these actions do not bear fruit, this means that it is time to contact the labor inspectorate. After conducting an investigation and reviewing the situation, they may recommend sending the case to the court or prosecutor's office.

If the employer’s guilt is confirmed, then administrative liability will be applied to him. In this case, in addition to those payments that were assigned but not transferred, the court may determine additional ones. Also, the FSS can “freeze” payments if there is an error in the documents.

Then you just need to correct all the inaccuracies in the data. This may also happen due to the fact that the employer did not make contributions to the fund. In this case, you can only count on minimal maternity payments, and in the future this decision can be appealed in court.

Expert opinion

Irina Vasilyeva

Civil law expert

If an employer says that he cannot pay maternity benefits because he does not have the money for it now, this situation is unacceptable, since the benefit is paid by the Social Insurance Fund.

https://youtu.be/04wdSE5g600

What does the law say?

To find out when maternity benefits are transferred, you need to know the procedure for their assignment and payment.

It is regulated by the Labor Code, as well as:

1. Federal Law No. 255. The regulatory act establishes the rules for social insurance of women in connection with temporary disability and maternity.
2. Federal Law No. 81. Determines the list of benefits for pregnant women and women with children.
3. Order of the Ministry of Health and Social Development No. 1012n. The departmental act approves the procedure and conditions for determining and paying benefits to citizens who have children.

The amount of payments has been set. It is subject to periodic indexation (suspended until July 2020) and depends on the woman’s salary.

Procedure for paying maternity sick leave in 2020 and list of required documents

In pilot regions. After submitting the sick leave certificate, if it is issued traditionally on paper, the employer transfers it to the Social Insurance Fund within 5 days. After checking that the document is filled out correctly and meets all the necessary requirements, the transfer is made directly to the employee’s bank card or, in its absence, by postal order at the place of residence.

In accordance with the law “On compulsory social insurance in case of temporary disability and in connection with maternity”, a young mother receives a care allowance for up to one and a half years in the amount of 40% of average earnings, if her insurance period is sufficient for such payment.

Nuances

When it comes to paying maternity benefits, there are some nuances that cannot be avoided:

• if a woman does not work, she cannot apply for maternity leave and monetary compensation;
• if a woman works in two or more companies, leave is issued in all of them at the same time;
• If a woman does not go on maternity leave after being issued sick leave and continues to work, then she cannot receive both a salary and maternity benefits. In this situation, a salary will be paid for the days worked, and benefits will be paid upon going on maternity leave.

Working women planning to become mothers should be prepared for the following points:

• Employers are usually reluctant to hire pregnant women, but they have no right to refuse her a job for this reason.
• Payments in the amount of 40% of the salary will be made only for the first year and a half after childbirth, in the next 18 months the amount of payments will be 50 rubles per month.
• A woman has the right to leave maternity leave before its end, but only at her own request; the employer has no right to demand this.

When are maternity benefits transferred?

If a woman worked under an employment contract, then maternity money is transferred to her on the day she receives her salary.

For women who were not working at the time of pregnancy due to the liquidation of a company, termination of activities as a notary, lawyer, termination of entrepreneurial activity and any other work subject to licensing within a year before they were declared unemployed, benefits are paid by social security authorities.

Money must be transferred no later than the 26th of any month following the month of registration of documents and assignment of payments.

If a woman is a full-time student at a university, the allowance is also issued within 10 days after the documents are received. The amount of payments is equal to the amount of the established scholarship. A similar period is provided for women who work in military institutions or serve under contract. The amount of payments is equivalent to the amount of monetary allowance.

If an employee registered at an antenatal clinic in the early stages of pregnancy, then she has the right to an additional benefit in the amount of 581 rubles.

It will be paid along with maternity benefits if the woman (working) provides a certificate from the antenatal clinic to the employer, and the non-working woman provides it to the social security authorities.

The period of payment for a woman working at the time of pregnancy is together with the payment of maternity benefits (in the case where the certificate is provided during the period of registration of maternity benefits).

If the certificate is brought later, then the benefit for medical registration in the early stages of pregnancy is paid 10 days after the documents are completed.

If a woman is unemployed at the time of pregnancy, payments for registration with a doctor in the early stages of pregnancy should be assigned no later than 10 days after submitting a certificate to social security.

Finding out when maternity benefits are due is necessary in order to plan medical and other events related to pregnancy and childbirth.

The recommended date for going on maternity leave is indicated by the doctor, but is agreed with the employer.

The expectant mother has the obligation to properly fill out a sick leave certificate, indicating information about the medical institution and the attending physician. Submitting sick leave does not mean going on vacation. Such an event must be formalized by an appropriate order from the employer.

In how many days?

To find out how long it will take to receive maternity leave, you should focus on the date of receipt and registration of documents. The general period for all categories of pregnant women, whether working at the time of pregnancy or not, is 10 days.

The time to apply for payments cannot be more than 6 months after the vacation.

Benefits are calculated by the Social Insurance Fund. The payment is made by the employer, who receives the necessary amounts from the fund.

For a stay-at-home mom

The benefit is paid by social security authorities after providing the following documents:

• applications for assignment of payments;
• certificates from the employment service recognizing such citizens as unemployed;
• certificates from the Federal Tax Service (if the woman worked as a notary, lawyer, was engaged in entrepreneurial and other licensed activities).

If a non-working mother applied for benefits not at her place of permanent registration, then she will need a certificate stating that the benefit was not assigned by the social security authorities at the woman’s place of permanent registration.

The payment deadline is no later than the 26th of each month.

How long does it take for maternity pay to be paid after filing sick leave?

If a woman’s average earnings are less than the current minimum wage at the time of maternity leave or the total insurance period is less than six months . then to calculate the benefit, the minimum wage is taken (until June 30, 2020, it is 7,500 rubles ).

All maternity payments to the employer are compensated from the social insurance fund of citizens of the Russian Federation, so correct calculation and execution of all documents protects you from loss of finances. Based on all of the above documents, the employer is obliged to issue an order granting the employee maternity leave and the right to receive maternity benefits from the company. Based on this order, the accountant at the enterprise calculates the amount of maternity benefits for the employee.

Maternity payments for twins

According to the law, women expecting one child can go on maternity leave 70 days before giving birth.

If twins are expected, then this period becomes 27 days longer, i.e. begins 97 days before birth.

Accordingly, the billing period will not be 140 days, as in the case of one child, but 194 days, which will slightly increase the amount of the lump sum payment.

In addition, a woman a year and a half after giving birth can receive a monthly allowance separately for each baby.

However, the benefit amount cannot be more than the average salary in the region. Otherwise, the mother of twins is entitled to the same payments as others.

Any woman, becoming a mother, has the right to receive financial assistance. She also needs time to restore her health and care for the newborn baby.

When should maternity pay be paid?

Temporary disability does not occur from the first weeks of pregnancy, but approximately seventy days before birth - that is, approximately at the thirtieth week. Why is the vacation start date important? Because it depends on her when maternity benefits should be paid.

Immediately after the end of the period of temporary disability due to pregnancy, you can take leave to look after your newborn until he reaches the age at which he will be accepted into a preschool educational institution. This could be either three years or one and a half.