255-ФЗ from 12/29/2006 регламентирует отношения в сфере материального Provide women in the postpartum period and other people in need in the hospital. The normative act establishes a circle of citizens who have the right to cash payments. Consider the main provisions of the document.
Law 255-FZ defines:
Normative act "On compulsory social insurance in case of temporary disability and in connection with maternity " does not apply to relationshipsmoney transfers to citizens who are not able to perform professional tasks due to industrial injuries or occupational diseases. There are some exceptions to this rule. They are determined by the provisions of articles 12-15 of the considered act in the part that does not contradict the Federal Law No. 125.
Normative act "On compulsory social insurance in case of temporary disability and in connection with maternity " defines situations in which subjects cancount on the material security. The document first provides a definition of risk. They are called temporary loss of earnings or other income, remuneration of a citizen due to the insured event. The risks are also equal to the costs incurred by the subject or his relatives when it is impossible to perform their professional tasks in accordance with the job description.
Temporary disability benefits produced when:
These include payments:
The size, conditions, procedure for the provision of security shall be established by regulatory acts No. 81 of May 19, 1995, No. 8 of January 12. 1996 as well Federal Law 255-ФЗ.
Law 255-FZ spreads on:
Consider some provisions 255-FZ in the new edition of 2016 Regulatory corrections were maderepeatedly. The changes, in particular, affected the procedure for calculating the amount of payments for the care of a minor, BiR, and also for temporary disability. The rules are established by article 14 of the considered normative act. In 2016, the amendments introduced by the Federal Law No. 213 of July 24, 2009 are in effect. This article determines that the average salary of a citizen is used in the calculation of the amounts. He, in turn, is established for 2 years (calendar), which preceded the period of disability, leave associated with prenatal and generic periods, as well as care for minors. The period includes all periods of professional activity, even if it was conducted in other enterprises.
FZ 255 предусматривает указанные правила только для situations in which a legal entity that has worked in different organizations for the two previous years receives security in one enterprise. If he is credited with the amount in each institution in which he is in the state, the average earnings are not taken into account. If in both or in one of the two calendar years a citizen was on leave to take care of a minor or pregnancy / childbirth, the relevant periods can be replaced for calculation, provided that this operation leads to an increase in the amount of security. For this, the interested party writes a written statement.
255-FZ in the new edition of 2016 establishes that all are included in earningsthe amounts listed in favor of the citizen. In this case, they should be deducted contributions to the FSS, FFOMS, the FIU. The calculation takes into account amounts sent to the specified funds before December 31. 2016. In determining the average earnings may also take into account deductions established by the NC. The last provision comes into effect on January 1. 2017 The scheme of calculation of earnings is determined as follows. The amount of the accrued salary for the one specified in part one of Article 14 is divided by the number of calendar days in it. The calculation excludes days that relate to periods:
Следует в первую очередь сказать, что до 2013 г.2 methods of calculation were used. Currently, the determination of the amount is carried out in one way. The following data is entered into the maternity allowance calculator:
It should be noted one thing.No other periods can reduce the number of settlement days. So, if a woman worked directly for only 1 year directly for 2 years and was unemployed the rest of the time, the number 730 (731) will be used to determine the amount.
Law 255-ФЗ establishes the following rules.calculus. In order to determine the amount of daily security with the loss of the ability to perform professional duties, the average salary is multiplied by the coefficient established by art. 7 and 11.2. The following formula is used to calculate the monthly amount. When determining it is necessary to calculate the average value of earnings. It is calculated by multiplying the daily payout by 30.4. She, in turn, is determined by the rules of article 14 (part 3.1 and 3.2). The amount of the monthly payment for the care of minors is calculated by multiplying the average earnings by the coefficient, in accordance with Art. 11.2.
Law 255-FZ sets the coefficients in art. 7 and 11.2.The calculation of amounts in case of loss of the ability to perform professional tasks due to injury or illness is carried out using interest rates from average earnings. They are set depending on the duration of the insurance experience:
The exceptions are situations when an injury or illness occurred within a month from the date of termination of the employment relationship. In these cases, the rate of 60% of the average s / n is used.
In the case of outpatient treatment during the first10 days (calendar) amount is calculated in accordance with the rates specified in article 7 (part 1), in the amount of 50% - in the following days. When a child is in the hospital, the order of the first 7 articles is used. Similar rules apply to cases of the need to care for a sick relative, except for children under 15 years old, with outpatient treatment.
Пособие по уходу за малолетним начисляется в the amount of 40% of the average earnings. At the same time, the amount of the resulting amount should not be lower than that established by regulatory acts for persons with children. When caring for two or more minors who have reached 1.5 years, the amount of the security is summed up. Moreover, its value can not be more than 100% of the average salary of a citizen, established in accordance with Art. 14. When calculating the monthly amounts for the second and subsequent children, previous juvenile, including adopted children are taken into account. The exception is when the mother is deprived of parental rights in relation to the latter.
