/ Who is paying the maternity - the state or the employer? Social Insurance Fund of the Russian Federation

Who pays the maternity - the state or the employer? Social Insurance Fund of the Russian Federation

Socially-oriented states, to whichthe Russian Federation, take care of the demographic situation in the country. One of the manifestations of such care of the state about its citizens is providing them with guaranteed social payments aimed at increasing the birth rate.

Так называемые декретные пособия (официально – allowance for pregnancy and childbirth) allow expectant mothers to receive minimal material support from the state on the latest terms of bearing the fetus. Who pays the maternity: the state or the employer? These and other questions should worry the future parturient women.

who pays the maternity or employer
Given the serious psychological and physicalload of the last months of pregnancy and subsequent deliveries for expectant mothers, they should first study the issues regulating the financial provision of maternity leave. What do you need to pay attention to?

Maternity leave

На последних сроках беременности согласно the legislation of the Russian Federation officially employed future mothers can apply for leave in connection with pregnancy and childbirth. It is worth paying attention to the word "can", that is, this right is not mandatory: a woman may not go on such leave at her discretion.

Social Insurance Fund of the Russian Federation
В случае решения женщины идти в такой отпуск, ей a maternity allowance is issued. If she does not plan to leave her workplace until the very birth, then this benefit is not formalized at this stage, and she continues to receive her wages.

Who can claim a maternity allowance?

Выплаты пособия по беременности и родам are carried out not only officially employed women, transferring contributions to the Social Insurance Fund of the Russian Federation. This circle is much wider. Decree Law is also allowed to receive:

  • dismissed in connection with the liquidation of the enterprise and registered with the employment service;
  • to students of full-time departments of training;
  • military personnel on contract terms;
  • adoptive parents.

Who makes payments maternity?

Who pays maternity leave - the state or the employer? On this issue it is worth to stay in more detail.

Maternity benefits are among theinsurance claims, which deals with the Social Insurance Fund of the Russian Federation. A separate topic could be a question considering maternity leave for up to 3 years. But initially attention is paid to payments due to pregnancy and childbirth.

FSS payment of maternity
According to the legislation of Russia, eachThe employer is obliged to make deductions to this fund. In the performance of their duties as an employer, expectant mothers will not have problems paying 100% of the average earnings from the Social Insurance Fund. If a woman has officially worked for several employers before the decree of at least two years, each of them must carry out the calculations of her maternity leave.

Features of maternity pay

It would seem that in the previous section it was possibledecide on the subject of maternity payments. However, not everything is so simple. Given the reform of social insurance in Russia since 2011, there are two options for making payments of maternity allowances.

reimbursement maternity from the FSS
Participating in the pilot project of the Social FundInsurance regional offices: Karachay-Cherkessia, Astrakhan, Kurgan, Nizhny Novgorod, Novgorod, Novosibirsk, Tambov, Khabarovsk, pay maternity pay directly to women on maternity leave. The FSS, which is directly paid for maternity benefits, transfers funds to a woman’s card or to the address of the post office at her place of registration. The calculation of the size of maternity payments is carried out by the employer.

The rest of the regions continue to practice payments.maternity benefits in the following mode: the employer - a pregnant woman - the Social Security Fund. In this scheme, compensation is made maternity from the FSS to the employer, who pays them to her employee. More precisely, the netting is done: next year, the amount paid by the employer for decree payments reduces his contributions to the Social Insurance Fund.

Maternity allowance payments

Officially employed women upon leavingmaternity leave can expect maternity payments in the amount of 100% of their average monthly wages for the last two years of employment. If a woman after the previous decree has not worked for two years, then it is necessary to take an earlier period of her earnings. There are established payment thresholds, which are reviewed annually. So, in 2016, the minimum threshold for payments is the size of 28,555 rubles, and the maximum - 248,164 rubles.

Making a decree, where to start?

Making maternity leave firstinvolves referring a woman to a medical consultation at the 30th week of pregnancy (for multiple pregnancies - at the 28th week of pregnancy) in order to obtain a sick-list due to temporary disability. It is also necessary to take a certificate of early registration (up to 12 weeks) for medical records in connection with pregnancy, which will make it possible to receive a lump sum payment in the Social Insurance Fund.

FSS maternity leave
Больничный (декретный отпуск будет оформлен only if available) is the official basis for issuing an order on leave due to pregnancy and childbirth in a mandatory tandem with a statement about the need to provide such leave. The statement must be written by the woman himself.

If the woman in labor over the previous two yearswas officially employed in only one place; then this is an exhaustive list of documents for submission. In the case of official employment of a woman in several places, she will need to provide certificates of her income from other places of work.

After the employer has issued an order for the provision of leave due to pregnancy and childbirth, the employee must be familiar with it. This will be indicated by her personal signature.

When are payments made?

Within ten days from the time a woman leavesleave must be calculated and accrued allowance. The payment of such benefits by the employer is carried out simultaneously with the payment of subsequent wages.

If the subject of payment of maternity allowanceThe Social Insurance Fund is then calculated with it must be made no later than the twenty-sixth day of the month following the month the Fund receives a package of documents for a pregnant woman.

decree law
In any of these options payoutbenefits should be made at a time, not paid in installments. In case of violation, it is necessary to inform the state regulatory authorities: the prosecutor's office and the Social Insurance Fund.

Deadline for maternity leave

Terms of finding women on maternity leavedepend on several factors. Traditionally, a woman can count on 70 calendar days before delivery and 70 calendar days after them. However, if pregnancy involves multiple births, prenatal leave is increased to 84 calendar days.

In addition, not all births are the same:depending on the complexity of the process may increase the period of postpartum leave. That is, if the child was born with complications, as the corresponding diagnosis in the hospital sheet from the maternity hospital should testify, then the postnatal leave is increased to 86 days.

hospital maternity
If not one child was born, but more - leave increases up to 110 calendar days.

Thus, the minimum leave due to pregnancy and childbirth is 140 calendar days, and the maximum is 194 calendar days.

What you need to know a woman who plans to go on maternity leave?

Intending to have a baby, the responsible mother should be aware of the main issues that require attention before the baby is born. It is worth paying attention to the following nuances:

  1. Maternity leave is providedon the basis of the order of the employer, which is issued in the presence of a sick-list issued by a medical consultation at the 30th (28th) week of pregnancy, and a statement by the woman
  2. The minimum size of maternity leave is 140 calendar days, the maximum is 194 days.
  3. Payment of benefits for pregnancy and childbirth is based on the average earnings for the last 2 years.
  4. Кто платит декретные:state or employer? Both options are possible, depending on the region of residence of the decree. The FSS will pay for maternity leave only in the regions where a pilot project for reforming social insurance is being implemented.
  5. The minimum size of maternity allowance in 2016 is 28,555 rubles, and the maximum is 24,8164 rubles.

Не стоит забывать также о постановке на учет на up to 12 weeks in a medical facility. Otherwise, payments to a pregnant woman will not be made. It does not matter who pays the maternity leave, the state or the employer.

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