In the Russian-speaking environment, maternity leave is colloquially called "decree". In legal terms, it is governed by Art. 255 of the Labor Code of the Russian Federation and the Federal Law "On compulsory social insurance in case of temporary incapacity for work in connection with motherhood" No. 255-FZ of December 29, 2006. The law allows pregnant mothers to go on maternity leave.
Instructions
Step 1
It is possible to go on maternity leave from the 30th week of pregnancy. And in the event that you are expecting twins, then from the 28th week of pregnancy and two weeks earlier. Take this opportunity. At the same time, a certificate of incapacity for work must be drawn up in the antenatal clinic.
A sick leave can be issued for a period of 140 calendar days. Of which 70 calendar days - before childbirth and 70 - after them. In the case of multiple pregnancies, the term will be 194 calendar days (84 days before delivery and 110 days after).
Step 2
Prenatal and postnatal leave must be issued on the same form of certificate of incapacity for work.
Step 3
In the line "Indicate the reason for the incapacity for work" the words "maternity leave" must be underlined and the date of the expected birth must be indicated.
Step 4
The line "Mode" should indicate "outpatient + inpatient".
Step 5
In the "Exemption from work" one line indicates the duration of "140 calendar days" or "194 calendar days".
Step 6
Since 2011, amendments have been made to the Federal Law "On compulsory social insurance in case of temporary disability due to motherhood", in accordance with which the procedure for calculating sick leave has also changed.
To calculate the sick leave for pregnancy and childbirth, the period is taken 730 days before the year in which the sick leave is given, including temporary disability during this period. Previously, only actual days worked were taken into account.
Step 7
When calculating the average earnings, all types of payments and other remuneration in favor of the insured person are included, for which insurance premiums are charged to the Social Insurance Fund.
Step 8
At the same time, average earnings for each year are taken into account in an amount that does not exceed the maximum base for calculating insurance contributions to the Social Insurance Fund. For all the years up to 2011, this base was 415,000 rubles.
Step 9
The data is summarized. The resulting figure must be divided by 730 without deducting the days when you did not work. This gives us the size of the average daily earnings.
SDZ = (SZ_year1 + SZ_year2) / 730
Step 10
The total amount to be paid should be determined by multiplying the average daily earnings by the number of days indicated on the certificate of incapacity for work (140 or 194)
Step 11
If, two years before receiving a certificate of incapacity for work due to pregnancy, there was no earnings or was below the minimum wage (minimum wage), then the maternity allowance is calculated from the minimum wage
SDZ minimum = 24 months * minimum wage / 730
In accordance with the Federal Law "On the minimum wage" No. 82-FZ dated June 19, 2000, from June 1, 2011 the minimum wage was 4,611 rubles.
Step 12
In the regions where increasing coefficients to wages are established, the allowance is paid taking into account them.
Step 13
In 2011, the maximum amount of maternity benefits (if the pregnancy is not multiple) will be 159,178.08 rubles
Benefit size = (415000 + 415000) / 730 * 140
Step 14
If a woman at the time of the onset of pregnancy is employed officially in several places, and in the previous two years she worked there, then the maternity allowance is payable at all places of work. That is, it is possible to receive maternity benefits for several sick leaves (at the main place of work and part-time). At the same time, income received from another employer is not taken into account at each place of work.
Step 15
If maternity leave began in 2010, then the allowance will be calculated according to the old rules (before the changes took place), and in the new 2011 the accounting department must recalculate from 01.01.2011 according to the new rules for the period for which the sick leave in 2011 falls. year. If, according to the new calculations, the average daily earnings turn out to be higher, then the allowance is subject to increase, if it is less, the previously paid allowance will not change.
