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

Socially-oriented states, to which the Russian Federation belongs, 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.

The so-called maternity allowances (officially - maternity allowance ) 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.

Considering the serious psychological and physical stress of the last months of pregnancy and subsequent births 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

In the last period of pregnancy, according to 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.

In the case of a woman's decision to go on such leave, she gets a pregnancy and maternity benefit. 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 apply for a maternity allowance?

Maternity benefits are paid not only to officially employed women who transfer 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;
• Servicemen on the terms of the contract;
• Adoptive parents.

Who carries out payments of maternity?

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

Benefits for pregnancy and childbirth are among the insurance cases that are handled by the Social Security Fund of the Russian Federation. A separate topic may be the issue considering maternity leave for up to 3 years. But initially attention is paid to payments due to pregnancy and childbirth.

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

Features of payment of maternity

It would seem that in the previous section it was possible to determine the subject of maternity payments. However, not all so unambiguously. Given the ongoing social insurance reform in Russia in 2011, there are two options for paying maternity benefits.

The regional branches participating in the pilot project of the Social Insurance Fund: Karachay-Cherkessia, Astrakhan, Kurgan, Nizhny Novgorod, Novgorod, Novosibirsk, Tambov, Khabarovsk, pay maternity payments directly to women on maternity leave. FSS, the payment of which is directly effected by the maternity leave, transfers funds to the woman's card or to the post office address at her place of registration. Calculation of the size of maternity payments is carried out by the employer.

The remaining regions continue to practice the payment of maternity benefits in the following mode: the employer - the pregnant woman - the Social Insurance Fund. In such a scheme, the maternity leave of the FSS is paid to the employer, who pays them to his worker. More precisely, netting is carried out: in the next year, the contributions paid by the employer to the Social Insurance Fund are reduced to the amount of maternity payments paid by the employer.

The size of payments of maternity allowances

Officially employed women who enter maternity leave can expect to receive maternity leave in 100% of their average monthly salary for the last two years of employment. If a woman has not worked for two years after the previous decree, then it is necessary to take an earlier period of her earnings. There are established thresholds of payments, which are reviewed annually. So, in 2016 the minimum threshold for payments is the size of 28555 rubles, and the maximum - 248164 rubles.

Decoration of the decree, where to start?

The registration of maternity leave primarily involves a woman applying for a medical consultation at the 30th week of pregnancy (with a multiple pregnancy at 28 weeks gestation) in order to obtain a sick leave due to temporary incapacity for work. It is also necessary to take a certificate of early registration (up to 12 weeks) for medical records in connection with pregnancy, which will allow a lump sum payment in the Social Security Fund.

Hospital (maternity leave will be issued only if it is available) is the official reason for issuing a leave order in connection with pregnancy and childbirth in compulsory tandem with a statement on the need to provide such leave. The application must be written by the woman with her own hand.

If the mother has been officially employed in only one place during the previous two years, then this is an exhaustive list of documents to be provided. In case of formal employment of a woman in several places, she will need to provide information about her income from other places of work.

After the issuance of an order by the employer to grant leave in connection with pregnancy and childbirth, the employee must be acquainted with him. This will be evidenced by her personal signature.

When are payments made?

Within ten days from the moment of the woman's release on leave, the allowance must be calculated and accrued. Payment of such benefits by the employer is carried out simultaneously with the payment of the subsequent salary.

If the subject of payment of the maternity allowance is the Social Insurance Fund, then the calculation with it must be made no later than the twenty-sixth day of the month following the month of receipt by the Fund of a package of documents of a pregnant woman.

In any of the above options, the payment of the benefit must be made on a lump sum basis, payments in installments are not allowed. In case of violation it is necessary to inform the state controlling bodies: the prosecutor's office and the Social Insurance Fund.

Term of granting leave in connection with pregnancy and childbirth

The timing of women on maternity leave depends 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, the period of postpartum leave may increase. That is, if a child was born with complications, as indicated by a corresponding diagnosis in the hospital sheet from the maternity hospital, then postnatal leave is increased to 86 days.

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

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

What do you need to know about a woman who plans to go on a decree?

Intending to give birth to a child, the responsible mother should have an idea of the main issues that require attention before the birth of the child. It is worth paying attention to the following nuances:

1. Maternity leave is granted on the basis of an employer's order, which is issued in the presence of a sick leave sheet issued by medical advice at the 30 (28) week of pregnancy and a woman's application.
2. The minimum size of maternity leave is 140 calendar days, the maximum - 194 days.
3. Payment of maternity benefits is based on the average earnings for the past 2 years.
4. Who pays the maternity: the state or the employer? Both options are possible, depending on the region of residence of the decretarch. FSS maternity leave pays only in the regions where the pilot project of social insurance reform is being implemented.
5. The minimum size of the maternity allowance in 2016 is 28555 rubles, and the maximum - 248164 rubles.

Do not forget about the registration for a period of up to 12 weeks in a medical facility. Otherwise, payments to the pregnant woman will not be made. It does not matter who pays the maternity, state or employer.