Maternity leave in 2021: new law (payments, terms)

lawyer Labor law

Questions on the topic “ Maternity leave in Russia ”:

• Deadlines
• Documentation
• How is it paid?

The concept of maternity leave is given in Article 255 of the Labor Code of the Russian Federation, which states that this is a period of time that is provided to a pregnant working woman for the purpose of giving birth to a child and subsequent care for him.

Maternity leave can be divided into 3 periods:

• during pregnancy;
• at the time of childbirth;
• while caring for a child.

How long does it take to go on maternity leave, as well as its duration, depends on various reasons. These reasons are:

• normal pregnancy;
• multiple pregnancy;
• artificial insemination;
• pregnancy of women who were exposed to radiation during the Chernobyl accident.

What is maternity leave

The phrase “maternity leave” combines two types of leave established by current legislation, which follow each other:

• maternity leave - issued with a sick leave certificate for a specified period;
• Parental leave is given for a period of up to three years, during which the length of service is not interrupted.

According to Articles 255 and 256 of the Labor Code of the Russian Federation, all women - employed or officially registered as unemployed, including military personnel or students - can go on maternity leave.

How are payments made under the BiR in 2020-2021 within the framework of the “Direct Payments” project?

More and more regions are being included in the pilot project of the Social Insurance Fund “Direct Payments”. And from 2021, this practice can be extended throughout the country. The calculation algorithm, and therefore the amount of benefits in connection with the implementation of this project, does not change. Only the payment mechanism changes: the Social Insurance Fund directly transfers funds to the woman, bypassing her employer. The employer is required to obtain the necessary papers, including a certificate of incapacity for work, and the employee is required to make a calculation and send documents confirming the calculated figures to social insurance. This greatly simplifies the life of companies and entrepreneurs who do not need to take money out of circulation to make maternity payments. After all, such payments often amount to considerable amounts.

ConsultantPlus experts explained in detail what documents need to be obtained from the employee, prepared and submitted to the Federal Social Insurance Fund of the Russian Federation for payment of maternity benefits in pilot mode. Get free trial access to the system and go to the Ready-made solution.

How many weeks do they go on maternity leave?

Maternity leave is issued at the 30th week of pregnancy and lasts 140 days, but in some cases it can be increased.

To go on maternity leave earlier than the deadlines established by law , there are two options:

1. A woman takes out her planned leave before going on maternity leave and leaves 28 days earlier. Even those whose experience in a new job is less than 6 months can do this. The employer is obliged to consider the application and send it on leave out of turn.
2. A pregnant woman goes on sick leave for health reasons if this is confirmed by a certificate from the antenatal clinic.

It is worth considering that these days will “fall out” from the calculation period when determining the lump sum maternity benefit.

Deadlines for taking sick leave

The duration of the leave according to the established schedule depends on several factors:

• in the normal course of pregnancy and normal delivery, maternity leave lasts 140 days (70 before and 70 after childbirth);
• if a woman had a difficult labor or gave birth prematurely, the maternity leave is increased by 16 days;
• if there are two or more children, a temporary disability certificate is issued for 194 days (84 before and 110 after);

A separate category includes women exposed to radioactive radiation:

• pregnancy with one child - 160 days (90 before, 70 after);
• complicated childbirth - 176 days (90 before, 86 after);
• multiple pregnancy - 214 days (104 before, 110 after).

Undoubtedly, maternity leave is an important stage in the life of the fair sex. Fortunately, during this period the state provides additional opportunities for legal rest, so every woman should know her rights and social guarantees while waiting for childbirth and caring for a newborn child.

Vacation registration

To go on maternity leave, the employee writes an application addressed to the employer and attaches a sick leave certificate. The HR department accepts documents and issues an order for maternity leave indicating the date of leave.

Certificate of incapacity for work

A certificate of incapacity for work is usually issued by a gynecologist at 30 weeks or 28 for a multiple pregnancy.

In the cases below, the document is issued in the hospital where the woman gave birth:

• if multiple pregnancy was detected only during childbirth, then an additional sick leave certificate is issued for 54 days;
• in case of postpartum complications, sick leave is extended by 16 days;
• for early childbirth between 22 and 30 weeks, sick leave is issued for 156 days.

Certificate of incapacity for work during pregnancy
A sick leave certificate is an official form; its correct completion determines whether the document will be accepted by the Social Insurance Fund for the payment of benefits.

• The sick leave form is filled out in large block letters on a computer or manually using any pen with black ink, except ballpoint.
• If the entry does not fit on the line, it must be interrupted at the last cell; corrections and blots are not allowed.

If the Social Insurance Fund does not accept the sick leave, it is returned to the applicant. She must contact the doctor again so that she can be given the completed form again.

According to the law of May 1, 2017 No. 86-FZ, from 2021, medical institutions of the Russian Federation are required to issue sick leave certificates in electronic form . The law works, and sick leave is sent directly to the employer without the participation of the pregnant woman.

Statement

In your application for maternity leave, you must indicate that you want to receive the benefit of the same name. If a woman registers with an antenatal clinic in the early stages of pregnancy, then she has the right to an additional one-time benefit in accordance with Article No. 9 of Federal Law No. 81-FZ of May 19, 1995.

Sample application

There is no standard form for the application, but it must contain the following items:

1. The header of the document indicating the applicant’s full name, full name and position of the manager.
2. A request for maternity leave indicating the dates on the sick leave.
3. Request for benefits.
4. Bank account or bank card details.
5. A copy of your passport.
6. Certificate 2-NDFL from the previous place of work, if the change of organization occurred within 2 years preceding the maternity leave.
7. A certificate (if available) from the antenatal clinic regarding registration before the 12th week of pregnancy.
8. List of attached documents.
9. Date, signature and transcript of the signature.

In return, the HR department employee issues a receipt confirming the acceptance of the documents.

Order

After receiving documents for maternity leave, the HR department prepares an order.

Sample order for maternity leave

There is also no standard format for this document, but it must contain:

1. Name of the organization.
2. Date and document number.
3. Full name of the applicant, her personnel number, name of position and structural unit.
4. Type of vacation.
5. Reason for vacation.
6. Vacation start and end dates.
7. Full name of the manager and his signature.
8. The applicant is obliged to check the information in the order, put a date and signature, after which the order is filed in the employee’s personal file.

A woman has the right to return to work in the exact position from which she went on vacation immediately after the expiration of her vacation.

To do this, you do not need additional documents; it is enough to notify management before going to work.

How to increase duration?

The deadlines are strictly regulated by law. But if a woman needs to extend her sick leave, she should turn to specialists. Doctors of such medical institutions as:

• Women's consultation;
• clinic;
• the hospital where the woman gave birth.

Reasons for extension:

• any complications;
• serious diseases that are prescribed by law (for example, diabetes, Werlhof’s disease and others);
• other cases that pose a threat to the life of the mother and child.

Whether to extend the vacation period or not (from 16 to 40 days) is decided only by a special commission, which consists of medical workers.

Cases of extending sick leave are quite common, but there must be really serious reasons for this.

Payments

Maternity leave is paid immediately for the entire period specified in the order. The one-time benefit is transferred to a current account or bank card using the details provided in the leave application.

Article 11 of Federal Law No. 255 establishes that each month of maternity leave must be paid 100% of the employee’s average monthly salary for the last 2 years of work in the organization.

How to calculate maternity benefits?

Vacation benefits are calculated by the organization’s accountants or Social Insurance Fund employees if the region has become a platform for the “Direct Payments” project.

We calculate using the formula:

SZ = OZ/(731 - ID);

DV = NW × DD;

Where

SZ - average daily salary;

OZ - total earnings for the last 2 years;

731 — the number of calendar days for the billing period 2018-2019;

ID - excluded days: vacation, sick leave, business trips.

DV - maternity payments;

DD - days of maternity leave in accordance with the sick leave.

If the employee’s earnings are too low or the insurance period is less than 6 months, then a one-time benefit is calculated based on the minimum wage, which from January 1, 2021 is 11,280 rubles.

The minimum benefit amount is 51,918.90 rubles , and the maximum is 301,095.89 rubles .

The entire amount must be paid in a single payment within 10 days from the date of submission of all documents.

If a woman changed her place of work within two years before maternity leave, then the amount of the one-time benefit is calculated taking into account the provided 2-NDFL certificate from the previous place of work.

If a woman is officially employed not in one, but in several places, then she has the right to receive benefits in each of them.

Special cases of calculating a lump sum benefit:

1. Female students receive maternity benefits calculated on the basis of the scholarship.
2. Women dismissed due to the liquidation of an organization receive a fixed benefit in the amount of 628.47 rubles for each month of leave.
3. Unemployed women do not receive maternity benefits.

Early registration benefit

The benefit for early registration is paid at the request of a woman if she registers with an antenatal clinic before 12 weeks of pregnancy.

In 2021, the amount of this payment is 628.47 rubles.

Birth benefit

The child birth benefit is paid once at the place of work of one of the parents. If two or more children were born, the benefit is paid for each. If the child is stillborn, no benefits are due.

In 2021 (as well as in 2018), its size is 16,759.09 rubles.

Child care allowance up to one and a half years old

Child care benefits up to 1.5 years are paid monthly in the amount of 40% of average monthly earnings.

If the average monthly earnings turned out to be less than the minimum wage, then the amount of the benefit is calculated as 40% of the minimum wage and is 4,512 rubles from January 1, 2019 .

Unemployed mothers apply for benefits at the department of social protection authorities at their place of residence. The payment amount is fixed and is:

• 3,142.33 rubles for the first child;
• 6,284.65 rubles for the second.

Who is entitled to receive maternity benefits in 2020-2021

Maternity benefits (or maternity benefits) can be received by women preparing to become mothers and insured in the compulsory social insurance system. That is, contributions for temporary disability and in connection with maternity (VNiM) should be calculated from their wages. The following persons are considered insured:

• those who signed the employment contract;
• working as civilian personnel in military formations of the Russian Federation abroad.

Those who are not working have the right to count on payments under the BiR

• those dismissed due to the liquidation of the company, as well as women who completed their activities as individual entrepreneurs, notaries, and lawyers within 12 months before they were declared unemployed by the employment center;
• female military personnel and contract women in law enforcement, customs, fire service, etc.;
• Full-time students in educational and scientific organizations on a budgetary or commercial basis.

In addition, benefits can be received by individual entrepreneurs, notaries, and lawyers who have paid the entire amount of annual contributions to VNIM, calculated on the basis of the minimum wage, a year before the occurrence of the insured event.

Women applying for maternity leave must provide the employer or the relevant authority with a certificate of incapacity for work, which will serve as the basis for the payment.

Maternity leave calculator

The FSS website has a calculator for approximate calculation of the amount of a one-time benefit.

In order for the calculator to give an accurate result, you must fill in the following fields:

1. Set the indicator “Pregnancy and childbirth” in the “Type of disability” column.
2. Fill in the vacation period in accordance with the data from the sick leave.
3. In the “Calculation Conditions” tab, add the amount of earnings for 2021 and 2018 separately. The data of all employers is also entered here if a woman officially works in several jobs.
4. Enter the number of calendar days to exclude.

How is the maximum allowance for BiR calculated in 2020-2021?

Average daily earnings should not exceed the value calculated on the basis of the value of the maximum bases established for calculating insurance premiums for VNiM for the accounting years.

Average daily earnings max = (Previous base 1 + Prev base 2) / 730 (clause 3.3 of Article 14 of Law No. 255-FZ).

That is, if the years 2021 and 2018 are included in the calculation of maternity benefits, then the highest value of average daily earnings is determined as follows:

Average daily earnings 2020max = (865,000.00 + 815,000.00) / 730 = 2301.37 rubles.

When calculating earnings for 2021, the values ​​of the maximum base for 2021 and 2021 are taken:

Average daily earnings 2021max = (912,000.00 + 865,000.00) / 730 = 2434.25 rubles.

The maximum limitation is due to the fact that for amounts exceeding the limits, contributions to VNiM are not accrued or paid.

Thus, the maximum in BiR for a standard maternity leave of 140 days will be:

• in 2021 - RUB 322,191.80;
• in 2021 - RUB 340,795.

For an extended one of 156 days:

• in 2021 - RUB 359,013.72;
• in 2021 - RUB 379,743.

For an extended one of 194 days:

• in 2021 - RUB 446,465.78.
• in 2021 - RUB 427,244.50.

An example of calculating maternity benefits for an employee who works part-time, from ConsultantPlus Selezneva I.K. works part-time (0.5 rate). In the area where she works, regional wage coefficients are not applied. Maternity leave on sick leave and at the request of the employee has been granted since June 22, 2021 for 140 calendar days. You can view the entire example in K+ by getting free trial access.

Grandmother on maternity leave

Sometimes parental leave needs to be taken out for a grandparent. According to Articles 256 and 257 of the Labor Code of the Russian Federation, parental leave for a child up to 3 years old can be taken by any family member who will care for the child. Vacation can be taken in full or only part.

To do this, you must provide the following documents:

• statement;
• child's birth certificate;
• a certificate from the parents’ place of work confirming non-use of leave and non-receipt of child care benefits.

When does the Social Security Fund pay maternity benefits?

In regions where the Social Insurance Fund pilot project is not being implemented, the assignment and payment of benefits is the responsibility of the employer. However, it happens that the Social Insurance Fund also makes payments under the BiR. This happens in accordance with Part 4 of Art. 13 of the Law “On Mandatory Social Insurance...” dated December 29, 2006 No. 255-FZ, when:

• The pregnant woman's employer ceased operations.
• There are no funds in the policyholder's bank account to make maternity payments. At the same time, the order in which money is written off from a blocked account does not allow it to be transferred to an employee (payments are in the third order).
• It is impossible to establish the location of the insured and his property (provided that the fact of non-payment of maternity benefits is established by a court decision that has entered into legal force).
• On the day the employee applied for benefits under the BiR, a bankruptcy procedure was introduced against the employer.

Work and maternity leave

The law allows a woman to remain with her child until he turns 3 years old without losing his job. The mother receives a childcare benefit for children up to one and a half years old in the amount of 40% of the average monthly salary, as well as a compensation payment of 50 rubles monthly. The benefit during the second half of the vacation does not in any way affect the financial situation of the family, so a woman often looks for options to combine child care and part-time work.

The state does not prohibit a mother from leaving maternity leave before its end.

If necessary, a woman can go to work immediately after maternity leave. To do this, you do not need to write an application, just go to work, as after a regular sick leave.

Also, a woman can return to work at any time, without waiting for the end of maternity leave. Typically, an employer reassigns or hires a temporary employee for the duration of his employee’s maternity leave, so early termination of maternity leave entails his dismissal or reassignment and takes time.

If a woman goes to work part-time, she retains the right to child care benefits for up to 1.5 years and receives a salary. Part-time work means that a woman will work less than 8 hours a day or less than 40 hours a week.

For teachers and representatives of other professions who work part-time, a reduced schedule is drawn up taking into account the workload. If an employee wants to go to work part-time, the employer is obliged to provide this opportunity.

While on maternity leave, you can get a full-time job in another organization. In order not to lose benefits, a woman should sign a work contract, but not enter the organization in her work book.

Legal advice

Maternity paperwork has been a well-established process for years, but it is worth protecting yourself from possible difficulties and taking into account the following nuances:

• It is impossible to pay both wages and social benefits at the same time. This is important if you want to go back to work for a short time and then resume maternity leave. (The exception is going to work part-time, this gives the right to maintain benefits)
• It is not possible to overlap maternity or care leave with mandatory annual leave. This aspect requires attention when combining the dates of different holidays.

Legal guarantees for a pregnant employee to go on maternity leave are associated not only with concern for the future of the mother and child, but are also intended to give the employer the opportunity to find options for continuing the work process without loss. Social security for maternity leave allows the mother to spend the necessary time with her baby without worrying about the safety of her job. At this time, the organization has the right to accept a replacement employee.

What do you need to remember?

• Maternity leave consists of two types of leave: for pregnancy and childbirth and for caring for a child under 3 years of age.
• To apply for maternity leave, you need to write an application to the HR department and provide a sick leave certificate from the antenatal clinic.
• A woman has the right to a one-time maternity benefit, a monthly childcare benefit for up to 1.5 years, and a number of others.
• Any family member involved in actual care, not just the mother, can go on parental leave. To do this, you need to provide certificates from your parents’ places of work stating that they did not use their parental leave.
• You can work while on maternity leave, even while maintaining child care benefits.

Emergency hotline for the population : we provide free consultations to pensioners, parents and beneficiaries of any category from legal experts over the phone.

Is it possible to go earlier or later than expected?

Early maternity leave may occur in several cases:

1. In case of premature birth. In this case, the woman will go on leave according to the BiR from the day of delivery for the entire period of the required maternity leave.
2. If you take annual leave. A pregnant woman has the right to postpone her annual paid leave to a time before or after maternity leave at her own request. And also add all unused vacations, if any. This way you can go on maternity leave much earlier.

Maternity leave is a woman’s right, not her responsibility. That is why it is completely legal to remain at work after the seventh month. This can be beneficial for the expectant mother financially or if she simply does not want to stay at home.

In this case, you should not apply for sick leave from a doctor at the thirtieth week of pregnancy; you can do it later, when necessary. The employer does not have the right to prohibit a pregnant woman from working; the main thing is for the expectant mother to write a statement to her boss, indicating the exact desired date for going on leave under the BiR.

If for some reason you want to continue working after 30 weeks, you should understand that your maternity benefit payment will be reduced for the period while you receive wages. Days worked are not carried over into the postpartum period.

Example: when you go on maternity leave in the thirtieth week, you are entitled to payment for 140 days of vacation. If you, at your own request, continue to work until 35 weeks of pregnancy, you will receive the due salary for the additional five weeks worked, while the calculation of maternity leave will be reduced to 105 days.

Benefits for conscripts' wives

Pregnant wives of conscripts will begin to receive one-time assistance in the amount of 28,511 rubles . Eligibility for benefits does not depend on family income. However, it is worth noting that only the legal wives of conscripts whose pregnancy is at least 180 days can receive the payment.

Help will also be provided to those families of conscripts who have already given birth to a child. The benefit amount will be 12,219 rubles . These amounts are subject to indexation like other social payments. This resolution came into force on September 8, 2020.

Another example:

The sick leave was issued on March 15. But it was provided for payment only on March 27. We will add 10 days to calculate the benefit—April 6. The payment will be made on the next salary - the 5th of the next month.

Often the calculation is made faster than 10 days, and then payment may occur earlier, but it is impossible to demand from the accountant to accelerate the statutory deadlines for payment of maternity leave. And it is in the interests of a pregnant employee to provide documents for payment on time, and then she will be able to properly prepare for an important and joyful event - the birth of a baby.

Working on maternity leave: features of registering an employee on maternity leave

During the time a full-time employee goes on maternity leave, the employer has the right to hire another person to perform the duties of this unit by concluding a fixed-term contract with him. In such an agreement, it is necessary to indicate not a specific end date of work, but the event of the end of the contract - the employee’s or employee’s departure from vacation. The right to early exit from maternity leave makes it impossible to determine the end of such a contract.

The employer may not hire a new employee to perform the duties of a person who has gone on maternity leave, but transfer an employee already working in the company to a maternity rate, including in the status of combining with the main position. Then an additional agreement is concluded to the main employment contract, which indicates that the employee performs combined duties until the person on leave returns to work.

An employee transferred to a maternity position must understand that he will have to vacate it when the main employee returns from vacation

When does sick leave expire for caesarean section in 2021?

A caesarean section is a complicated birth (clause “c” of the Ministry of Health instructions dated 04/23/1997 No. 01-97). In this situation, another ballot is registered - for a period of 16 days. That is, the sick leave period is 70 days before and 86 after the birth of the child.

In the case of complicated childbirth, it is important to pay attention to the correctness of filling out the certificate of incapacity for work. Often it is formalized as primary. But this is not true. Since there is only one insured event, the additional sheet should be a continuation of the original bulletin.