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

Socially oriented states to whichrefers to the Russian Federation, care about the demographic situation in the country. One type of manifestation of such state care for its citizens is to provide them with guaranteed social payments aimed at increasing the birth rate.

The so-called maternity allowances (officially -allowance for pregnancy and childbirth) allow expectant mothers to count on the minimum financial support from the state in the last periods of gestation. Who pays maternity leave: state or employer? These and other questions should concern future mothers.

Given the serious psychological and physicalthe load of the last months of pregnancy and subsequent delivery for expectant mothers, they should first examine the issues governing the financial provision of maternity leave. What do you need to pay attention to?

Maternity leave

In the last stages of pregnancy according tothe law of the Russian Federation officially employed future mothers may qualify for leave due to pregnancy and childbirth. It is worth focusing on the word "may", that is, this right is not mandatory: a woman can not go on such leave at her own discretion.

If a woman decides to go on such leave, sheA maternity allowance is issued. If she does not plan to leave her workplace until the time of the birth, then such allowance is not issued at this stage, and she continues to receive her salary.

Who can claim maternity allowance?

Maternity allowance paymentsnot only are officially employed women who transfer contributions to the Social Insurance Fund of the Russian Federation. This circle is much wider. The decree law is allowed to receive also:

• dismissed in connection with the liquidation of the enterprise and registered in the employment service;
• full-time female students;
• 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 up to 3 years. But initially attention is paid to payments due to pregnancy and childbirth.

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 maternity allowance payments.

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 his employee. More precisely, a netting is made: 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?

Оформление декретного отпуска в первую очередь involves 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.

Hospital (maternity leave will be issuedonly if available) is the official basis for issuing an order on leave due to pregnancy and childbirth in a compulsory 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 only in one place, then this is an exhaustive list of documents for submission. In the case of a formal 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 a settlement, then it must be settled no later than the twenty-sixth day of the month following the month the Fund receives a package of documents for a pregnant woman.

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.

Term of granting leave due to pregnancy and childbirth

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 sick-list from the maternity hospital should testify, then the post-natal leave is increased to 86 days.

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 need 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 from 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. Who pays maternity: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 is being implemented to reform social insurance.
5. The minimum size of maternity allowance in 2016 is 28,555 rubles, and the maximum is 24,8164 rubles.

Do not forget about registrationup 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.