Many girls, when moving from maternity leave to maternity leave, think about how they will pay for the second sick leave, since the very feasibility of having a second child right away depends on this. The law provides for the opportunity to immediately move from one maternity leave to a second. But for this you need to know all the legal features in order to get maximum sick leave.
From maternity leave to maternity leave
Rules of law
The law allows you to move from one maternity leave to another without going back to work. This is relevant if a girl becomes pregnant while on maternity leave. Here are the main laws that regulate the process of transferring maternity leave:
- provisions of the Labor Code of the Russian Federation;
- FZ-255;
- Order of the Ministry of Health and Social Affairs No. 256N;
- FZ-81.
Extract from Article 255
These are the basic laws that provide for the possibility of moving from one decree to another.
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Duration of maternity leave
It is divided into several parts:
- pregnancy and childbirth itself;
- child care up to 1.5 years;
- continuation of child care up to 3 years of age.
Sick leave for pregnancy and childbirth
It is worth noting that the first two stages are paid. To extend the maternity leave for another 1.5 years, you must write a corresponding application according to the sample from the HR department employees and attach a copy of your birth certificate. Then it will be possible to care for the child for another 18 months, but without receiving funds from the Social Insurance Fund.
Table 1. Duration of the first stage of vacation
| Cause | Amount of days |
| Normal pregnancy and childbirth | 140 |
| Multiple pregnancy | 156 |
| Presence of complications during childbirth | 194 |
| Adoption of one or more children | 70/110 |
The length of sick leave depends on how the birth went. It must be obtained from a doctor at a women's clinic.
From maternity leave to maternity leave: what payments are due in 2020
- When you go on maternity leave at the thirtieth week, do you wonder if this can be done earlier? Yes, but for this you need to bring to work a certificate about a difficult pregnancy or other complications in the expectant mother.
- You should write an application to the HR department addressed to your immediate superior (in advance, so that he has time to read the application and get used to the idea that he will be deprived of such a valuable employee like you for some time).
- Please attach a sick note from the housing complex certified by your attending physician to your application.
- You receive an order granting you maternity leave.
- Wait - in ten days you will be paid prenatal and postnatal benefits.
- Feel free to prepare for childbirth! As soon as you give birth, you apply for another leave - for child care, confirmed by a new order.
- Please note: you have one child - one and a half years will be counted towards your work experience; two – an additional three years; three or more – 4.5 years.
- Again, write an application to the HR department addressed to your employer, but this time about the termination of maternity leave and the provision of a new maternity leave.
- Remember: you can only receive one benefit of your choice, so be sure to inform your superiors of your decision.
- If you move from one maternity leave to another, the payment amount will change. This will happen due to a change in the billing period for which the amount of maternity benefits is calculated.
- If you decide to change the years in the billing period, you need to write a statement to the employer again.
- If you do not want to lose one of the benefits provided by the generous hand of the state, you can apply for a new parental leave for one of your relatives.
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How is sick leave paid?
The amount of payments directly depends on the length of service and the size of the official salary. It is worth considering the minimum and maximum amount of benefits that you can count on when taking maternity sick leave (BIR).
Table 2. Maximum and minimum payments for BIR
| Duration of maternity leave | Minimum amount (thousand rubles) | Maximum amount (thousand rubles) |
| 140 days | 51,9 | 301 |
| 156 days | 57,8 | 355,5 |
| 194 days | 71,9 | 417,2 |
Important . These amounts are current for 2020. They may then change in accordance with internal legislation. Therefore, it is necessary to monitor them when pregnancy is planned.
Receipt of payments during maternity leave
When applying for maternity leave, a woman can choose which years to count towards the payment. This is true for the first and second pregnancies. If you do not write a corresponding application, the calculation will be made automatically based on the last two working years. Article 217 of the Tax Code of the Russian Federation indicates that no tax is levied on benefits under the BIR.
What other payments can you receive upon the birth of a second child?
There are several payments that can be received upon the birth of a second child. The main ones include the following:
- maternal capital;
- for registration up to 12 weeks;
- BIR;
- lump sum payment for the birth of a child;
- allowance for caring for an infant up to 1.5 years old;
- regional maternity capital for the birth of a third child;
- provision of a land plot in some constituent entities of the Russian Federation upon the birth of a third child and obtaining the status of a large family;
- additional benefits provided to low-income citizens.
Certificate for maternity capital
Considering that the majority of citizens officially receive only the minimum wage, it is quite possible to issue “Putin” payments. You can also register as a low-income person in order to receive subsidies and benefits for utility bills and more.
Benefits can be obtained from various government agencies. Thus, maternity capital is registered with the Pension Fund, and the rest must be received through the social benefits department. You will need to provide various documents. Typically, employees need:
- the applicant’s passport (often the father can also submit papers);
- marriage and birth certificates.
Additionally, they may require a certificate from the place of work confirming that the father did not exercise the right to receive subsidies from the state.
How to properly go from maternity leave to maternity leave
To apply for a second maternity leave at work, she will need to fill out an application. It must indicate the termination of parental leave and the provision of a new maternity leave. Provide the accounting department with original documents - sick leave and a certificate of early registration at the antenatal clinic.
To do this, she needs to notify management and write a statement 2 weeks before the desired vacation. A pregnant woman has the right to rest at any time, and the employer is obliged to let her go. Work experience will not matter; it can be less than 6 months. If she has unused past vacation, then the employee has the right to take all the days at once.
Procedure for calculating maternity benefits
Each girl can herself calculate the approximate amount she will receive for her stay on maternity leave. To do this, you need to use the formula PBIR = DRP/RP*DO.
PBIR is a maternity benefit, DRP is income during the period considered for calculating benefits, RP is the billing period or number of days, and DO is the number of days on vacation.
Based on your income data and information from your sick leave, you can independently calculate the amount to receive.
If desired, maternity payments can be calculated independently, based on several parameters
Nuances of registration and calculation of payments from maternity leave to maternity leave
According to Part 1 of Article 14 of the Federal Law of December 29, 2006 N 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity”, if in the two calendar years immediately preceding the year of the occurrence of the insured event (maternity leave and childbirth), or in one of the specified years the insured person was on maternity leave and (or) child care leave, the corresponding calendar years (calendar year), at the request of the insured person, can be replaced for the purpose of calculating average earnings by previous ones calendar years (calendar year), provided that this will lead to an increase in the amount of the benefit.
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However, it is prohibited to transfer an employee to a job that is contraindicated for him due to health reasons. If the working conditions in the new department are worse - drafts, hard work, then they cannot do this, but you will need to provide a certificate from the antenatal clinic about your situation. Attaching this certificate, write an application for transfer to light work.
Registration of the second maternity leave - step-by-step instructions
It is worth considering in more detail the process of obtaining maternity leave. It doesn't matter what kind of score it is. When you go on your second vacation, there are several important nuances that are not always discussed by personnel or accounting department employees. Therefore, you need to study everything thoroughly on your own.
Step 1. If pregnancy occurred when the first baby was already about 1.5 years old, but there is no desire to continue working while pregnant, then you need to write an application to extend maternity leave until the child is 3 years old. In this case, payment will no longer be received; this leave is provided without pay.
Application for leave under BIR
Step 2. Providing sick leave according to the BIR. At this stage, you will also need to write a statement about choosing the appropriate periods for calculating benefits. It is necessary to understand exactly when the maximum official income was in order to qualify for the largest payments. If the salary was approximately the same, then you don’t have to indicate the specially required periods. The latter will be taken by default. The money will be transferred to the specified account or salary card.
BIR benefits can be transferred either to an account or to a salary card
Step 3. Writing an application for maternity leave. In this case, you must present the baby's birth certificate.
Application for maternity leave
All payments will be made in accordance with legal requirements. They are made from FSS.
From maternity leave to maternity leave in 2020 - what payments are due?
These periods are equal in duration. But each of them has certain characteristics. Until the child is one and a half years old, a woman will receive 40% of her average monthly earnings. After 1.5 years and up to 3 years, the content will not be transferred. Registration of leave and payments depends on exactly when the woman became pregnant:
- Transfers will continue until you go on a new vacation. This means that a woman will receive payments until her pregnancy is 7 months old;
- When the deadline is 7 months, you need to write an application for sick leave in connection with the upcoming birth. From this moment, the original decree is considered completed and a new one begins.
Features of obtaining maternity sole proprietorships
Individual entrepreneurs can also receive maternity benefits. But there are several important features here. So, you need to immediately decide whether you want to share your income with the state. If you conclude an agreement with the Social Insurance Fund, you will need to make payments in accordance with current legislation. At the same time, the entrepreneur must determine their size independently, but it cannot be less than the minimum. It is determined based on the current tariff and minimum wage.
If a girl makes contributions to the Social Insurance Fund, then she can receive payments for sick leave and during childbirth. But not everyone is ready to pay even 4,000 rubles a year to receive benefits during childbirth. Therefore, the absence of an agreement with the Social Insurance Fund is grounds for refusal to provide a number of benefits.
The amount of payments for maternity leave is directly affected by contributions to the Social Insurance Fund
It is possible to conclude an agreement by writing a corresponding application. Along with it, you will need to present the constituent documents of the individual entrepreneur and a passport. Five days later the answer comes. If it is positive, then it will be necessary to make deductions in accordance with the requirements of the law.
Important . Late submission of reports and violation of payment deadlines is a violation of the law. As a result, the entrepreneur is issued a fine. All contributions to the Social Insurance Fund accounts must also be indicated in the 3-NDFL report for the Federal Tax Service. This will reduce the tax base. We will talk in more detail about the fines that threaten for non-payment of insurance premiums or for late submission of reports below.
Penalties on insurance premiums
Dismissal during pregnancy or while on maternity leave
Sometimes an employer is interested in dismissing an employee who is moving from one maternity leave to another. The fact is that he is forced to hold a workplace for her. However, he does not receive profit from this employee. Thus, a conflict of interests arises.
The law does not allow pregnant women to be fired while they are on maternity leave. The employee, in turn, can voluntarily write a letter of resignation. But forcing someone to quit is a criminal offense. It is enough to record a conversation with the manager to file a complaint with the State Tax Inspectorate or the court to resolve the problem.
Extract from Article 261
Dismissal of pregnant women is possible only in the following cases:
- liquidation of the enterprise (it is necessary to pay all funds guaranteed by law);
- writing a letter of resignation.
It is also possible to dismiss by agreement of the parties. However, this option is also not profitable for the employer due to the need to make several payments.
How to determine the billing period
To calculate maternity benefits, you need to determine the years of the billing period. As a rule, this is the two years preceding the year of maternity leave. For example, if a woman takes a vacation in 2020, then 2020 and 1017 are taken as the calculation period. However, if during these years the woman was on maternity leave, the period can be replaced by two calendar years that precede her first leave.
Important! The calculation period can be changed only if this leads to an increase in benefits.
It is also important to decide which years to include in the calculation period. For example, if an employee’s sick leave was issued in 2020, and she goes on vacation in 2020. In this case, you need to proceed from the date when the employee goes on vacation, that is, if it is 2018, then the billing period will be 2020 - 2020 .
Useful tips for girls before going on maternity leave
It is necessary to consider several important recommendations to ensure that the transition from maternity leave to maternity leave is beneficial and painless:
- you need to find a reliable employer with a fully official salary. This will allow you to receive maximum payments. Today, white salaries are provided by budgetary and financial structures. Also, most large companies are interested in providing a full social package and official salary. However, small firms, as a rule, show only the minimum wage in the form of an official part. And the rest is paid without taxes;
- The period of work for the employer indicated above must be at least two years. This will allow you to select the period when the official salary was higher than the minimum wage in order to receive maximum payments;
The higher the employee’s salary, the greater the BIR benefit she will receive
- it is necessary to clarify in advance exactly what payments from the state are due in accordance with regional laws in a particular subject of the Russian Federation;
- It is important to register with a municipal doctor. If you contact the staff of a private clinic, you will not be able to receive a subsidy for registration before the 12th week. In this case, it is possible to contact a gynecologist at a municipal clinic initially, and then be observed for a fee in another hospital.
By following these tips, you can slightly increase the payments you receive from the Social Insurance Fund.
Mandatory payments from maternity leave to maternity leave in 2020
- Due to the presence of an illness that made it difficult to work or made it impossible to stay at the workplace (serious allergic reaction).
- A family member who needs care and support has fallen ill, or a relative has a first-degree disability.
- Forced relocation to another place of residence.
- Cash support due to pregnancy (when the period does not exceed 12 weeks, the amount is paid once). The payment is only 613.14 rubles; the federal law was last edited in 2020. There were no changes in 2020.
- Maternity benefit, which is paid once for one child. That is, at the birth of the second, you can use this payment again.
- Benefit for the birth of a child.
- Payment for child care until he reaches the age of one and a half years. It is 40% of the salary received over the past two years. If the salary was below the coefficient in the minimum wage, then the amount of payments will be 6131 rubles.
- In some cases, it is possible to receive financial payments until the child turns 3 years old.
08 Feb 2020 juristsib 518
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How to save your first child care benefit
The law allows you to use a little trick when moving from maternity leave to maternity leave until the first baby turns 1.5 years old. So, it is possible to send any able-bodied family member who has an official income on maternity leave. At the same time, you can continue to work at home or go out for a few hours. As a result, the girl will receive a salary while working and also look after the child, and the father will officially be on maternity leave, but continue to work at his job.
Important . The amount of benefits will be 40% of the official income of the person for whom maternity leave is issued. At the same time, the girl herself receives sick leave and corresponding benefits.
Receiving benefits for two children is relevant for families whose incomes are below the minimum wage
After the birth of her second child, the woman takes maternity leave, and the family continues to receive payments for both babies. After the first reaches 1.5 years, the father comes out of maternity leave and continues to work officially. Often employers are happy to agree to such a trick, since the company receives an unregistered employee for whom he does not have to pay taxes. But the company itself will profit from his work.
Interestingly, it is also possible to receive benefits for two children at the same time. The trick is not relevant if the man officially receives the minimum wage.
What can the unemployed get?
The unemployed cannot receive all the payments due because they do not make contributions to the Social Insurance Fund. Thus, BIR benefits are not accrued. But it is possible to receive other payments, namely:
- lump sum benefit for the birth of a child;
- monthly payment for 18 months;
- maternal capital;
- allowance in the amount of 50 rubles from 1.5 to 3 years.
In the absence of contributions to the Social Insurance Fund, the size of payments under the BIR is significantly reduced
Important . Even after dismissal, it is possible to provide sick leave to your employer. This is relevant if pregnancy occurs while working at the enterprise. The accountant cannot refuse to accept this document and is obliged to make accruals in accordance with the law.
What to do if the employment contract expires during the second maternity leave
Sometimes employers are forced to enter into fixed-term employment contracts due to the nature of the vacancy. But in accordance with Article 261 of the Labor Code of the Russian Federation, they cannot fire a woman who became pregnant during the validity period of the contract. Dismissal is allowed only upon liquidation of the organization or in the case of hiring a temporarily absent specialist to replace him. In this case, it is necessary to transfer to another position or offer other vacancies.
Dismissing a woman on maternity leave without good reason is a violation of the law.
If the position of a pregnant employee is abolished, the dismissal will be unlawful; it is necessary to arrange a transfer to another position.
Important . The employment contract is automatically extended until childbirth or until the end of the BIR leave after providing a certificate of pregnancy. Termination of the contract if a woman has a child under three years of age is allowed only if there is a corresponding desire on the part of the employee.
It is allowed to request a pregnancy certificate every three months. It is permissible to terminate the contract if the woman actually works after giving birth.
What payments are available when going from maternity leave to maternity leave without going to work in 2020?
- For applying for registration in the early stages of pregnancy (up to 12 weeks). In 2020 it will be equal to 581 rubles.
- A one-time payment for the birth of a child. It is equal to 15 thousand 512 rubles and increases depending on the area of residence of the woman (multiplied by a coefficient).
- For child care up to 18 months in the amount of 40% of wages.
- Maternity capital in the amount of 453 thousand rubles. This amount can be received in 2020; there are no plans to index it in the near future.
- Benefit for mothers caring for a child under 3 years of age. It does not depend on earnings and is equal to 50 rubles. The amount of this benefit is changing only for women living in the Chernobyl zone. It's much higher there.
Many families decide not to take a long break between the birth of their first child and their second child. Expecting a baby is a joy, but at the same time, a young mother may have questions about what she can count on after his birth. Let's talk about what payments are given in 2020 to women who did not return from maternity leave before their second pregnancy.
