Calculator for calculating the date of maternity leave in 2021

“Maternity benefits” and who receives them

Let us remind you that only women apply for “maternity” benefits for pregnancy and childbirth, while men can also receive child care benefits. Moreover, if a woman has the right to two benefits at the same time—maternity and child care—she must choose one.

The conditions for accruing maternity benefits to a woman are specified in Art. 6 of the Federal Law of May 19, 1995 No. 81-FZ. According to the Law, the expectant mother will receive benefits if she:

• works;
• unemployed due to company liquidation;
• studies (full-time);
• is undergoing military service under a contract;
• is an adoptive parent and falls into the categories listed above.

Please note that for female part-time workers, the benefit is calculated based on earnings from all places of work. If an employee has not changed employers in the two-year period before going on maternity leave, she has the right to receive benefits from each of them. In the event of a change of place of work, only one employer receives the maternity leave, but when calculating the payment, he takes into account the amounts from the income certificates from the previous places of employment of the expectant mother.

Important! To receive maternity benefits, a female individual entrepreneur needs to conclude an agreement with the Social Insurance Fund in advance and transfer the corresponding contributions - 4,221.24 rubles - for at least one year before going on vacation. in year. Otherwise, the entrepreneur will not receive benefits.

“Maternity benefits” are paid to employed women from the Social Insurance Fund at the place of work (service), and to women unemployed due to the liquidation of the company - at the place of residence.

Another nuance is that “maternity” benefits are paid when a woman actually goes on maternity leave. If the employee does not take advantage of the right to “maternity leave” and continues to work, she will receive only a salary; the employer does not have the right to simultaneously accrue both wages and benefits.

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Calculation of payments when going on maternity leave

After the birth of a child, a lump sum payment is made from social insurance funds. Mom, having provided the necessary package of documents, receives an amount of 11 thousand rubles.

If it is inconvenient for her to collect documents or there are other reasons why she cannot apply for money at her place of work, her dad can arrange the payment for himself. The amount depends on the average salary.

Half - 70 days - the time before the birth of the baby, 70 days - after. If a girl, when she goes on maternity leave, is officially employed by several employers for more than 2 years, then everyone pays. True, she will receive benefits for up to 1.5 years only in 1 place, which one is decided independently.

When the total length of service is no more than 6 months, payments are calculated based on 1 minimum wage. If according to one of the above schemes the payment does not exceed the minimum wage, then the amount that comes out when calculating according to the minimum wage is paid.

When an employee did not work full time, the minimum wage is reduced. For example, when working part-time, the minimum wage will be reduced by 2 times

.

Female students have their own conditions. They provide the educational institution with a sick leave certificate when going on maternity leave. What type of professional education they receive: higher, secondary, primary – it doesn’t matter.

The main thing is that the form of education is full-time. The amount is determined by the amount of the scholarship paid to students of the educational institution. Unemployed people are entitled to their benefits.

Firstly, this is a regular unemployment benefit, which is issued after registration with the local central bank. Secondly, these are payments to RUSZN.

Amount of maternity payments

Benefit amounts may be as follows:

• 100% of average daily earnings - for employed women;
• RUB 12,130 in 2021 - for employees whose work experience is less than 6 months, the benefit does not exceed the minimum wage;
• RUB 675.15 in 2021 - unemployed due to the liquidation of the company;
• scholarship amount - for full-time students;
• monetary allowance for female contract workers in military service.

From June 19, 2021, the procedure for calculating average earnings will change for employees who had no salary over the previous two years or who were below the minimum wage. Now for women on maternity leave who work in areas with a regional coefficient, the average earnings are equal to the minimum wage, taking into account the new edition of the coefficient (Federal Law dated 06/08/2020 No. 175-FZ).

Who calculates the “maternity leave”

Obstetricians have established the average length of pregnancy as 40 weeks (or 280 days). From what week expectant mothers go on maternity leave is clear from the content of the law. The 70 days of prenatal leave a woman is entitled to equals exactly 10 weeks. A simple subtraction shows: an employee has the right to go on maternity leave from the 30th week of pregnancy.

The obstetrician-gynecologist will handle the calculations for the first day of maternity leave; the employer does not need to calculate anything. First, doctors set the date of pregnancy. How long women go on maternity leave depends on how it is determined. According to medical rules, the doctor records the date of onset of pregnancy using:

• or obstetric period - from the last female cycle;
• or gestational age - based on the results of an ultrasound scan.

The difference is 2 weeks. The gestational period begins to flow with a 14-day “lateness”. It is beneficial for full-strength employees who want to work longer. Women whose pregnancy is not easy and want to go on maternity leave early are in a hurry to take advantage of the obstetric period.

280 days are counted from the beginning of pregnancy. The resulting date is the baby's expected birthday. 10 weeks before giving birth, the doctor opens a sick leave for a pregnant employee. First, the woman presents the gynecologist with a civil passport, insurance policy, and SNILS. Sick leave is issued for the entire duration of the vacation. It needs to be extended only in unforeseen cases.

Basis for calculating maternity benefits

To receive maternity benefits, the following documents are required (clause 5, article 13 of Federal Law No. 255 of December 29, 2006):

• “maternity” sick leave, which contains the corresponding disability code;
• certificate of income received from another employer;
• application for payment of benefits;
• work book and certificate of recognition as unemployed (if benefits are provided to a woman on maternity leave who worked in a liquidated organization or for an individual entrepreneur who has ceased operations).

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What benefits are provided to pregnant women before maternity leave?

Every pregnant citizen of the Russian Federation has the right to state benefits, which she receives if the following conditions are met:

1. She remains at any stage of gestation.
2. She consulted a gynecologist, who confirmed the presence of pregnancy.
3. She registered (registered) at the clinic at her place of permanent registration.

Each pregnant woman, regardless of the fact of employment, is entitled to a one-time benefit if she is registered with a medical organization in the first trimester of pregnancy, i.e. up to 12 weeks (Article 3 and Article 9 of 81-FZ of May 19, 1995).

This benefit is paid from the regional Social Insurance Fund. The benefit amount from 02/01/2018 is 628.47 rubles.

Another preferential payment for pregnant women is a one-time allowance for the wives of military personnel undergoing conscription service (). The amount of such a one-time benefit from 02/01/2018 is 26,539 rubles 76 kopecks.

An option for benefits for pregnant women can be considered the preferential options for working hours provided for by the Labor Code of the Russian Federation, which reduce workload, fatigue, and eliminate harm to the health of the pregnant child.

A certificate about the need to transfer a pregnant employee to light work is given by a gynecologist. The pregnant woman submits an application for transfer to the employer accompanied by such a certificate. Light work implies the absence of contact with harmful substances, an individual work schedule (Article 49 of the Labor Code of the Russian Federation), which implies the ability to shift the hours of the working day.

The right to an individual schedule even gives the expectant mother the opportunity to reduce the length of her working day or week. Of course, with such a change in the schedule, the pregnant woman is paid for the time actually worked

It is important that this will not lead to a reduction in the duration of annual leave

The following are completely contraindicated for pregnant women:

• lifting weights;
• contact with chemicals and x-rays;
• work on night shifts.

So, a pregnant employee can write an application for transfer to work only on the day shift (Labor Code of the Russian Federation, Article 96), transfer from hazardous or physically demanding production to easier work. In such cases, the preservation of average earnings is provided (Labor Code of the Russian Federation, Article 254). No one has the right to prevent a pregnant woman from visiting doctors (Article 254 of the Labor Code of the Russian Federation). In this case, the time spent visiting a doctor must also be paid according to average earnings, if the employee has provided a certificate.

Important: dismissal of pregnant women is illegal (Article 261 of the Labor Code of the Russian Federation)

Refusal to hire pregnant women is also prohibited by law.

If you are pregnant and they are trying to fire you, do not despair, but stand up for your rights

Algori

The amount of the “maternity” benefit depends on which years are accepted as the calculation period, on the maximum amount of payments that can be taken into account, and on the minimum wage.

If the expectant mother’s experience is more than 6 months, step-by-step instructions for determining “maternity leave” will look like this:

Step 1. Select a billing period. The two years preceding maternity leave are taken into account. For example, if the maternity leave is in 2019, then the billing years are 2021 and 2021.

The law allows you to “move” the calculation period if a woman did not receive income in the years preceding the vacation due to another maternity leave or to care for a child under 1.5 years old. Please note that replacement of both years is acceptable.

Step 2. Determine the amount of payments for the billing period. Income for the accounting years should consist only of payments that were subject to insurance premiums. In this case, the amounts taken into account cannot exceed the maximum values. See the table for the maximum income from 2010 to 2021:

Step 3. Determine the number of days for the calculation years. To determine maternity leave, the actual number of calendar days in the billing period is taken (Article 14, paragraph 3.1 of the Federal Law of December 29, 2006 No. 255). It could be 730 days, but if the calculation period falls into a leap year, it could be 731 or even 732 days. The following days are excluded from this number:

• temporary disability;
• maternity leave and parental leave;
• exemption with preservation of earnings on which contributions were not calculated.

Step 4. Calculate average daily earnings. In this step, the amount of income received in the second step is divided by the number of days from the third step.

Step 5. Calculate the maximum allowable amount of average daily earnings. The maximum benefit amount is determined by annual income limits. In 2021, the maximum income for 2021 and 2018 is taken into account - this is 865 thousand rubles. and 815 thousand rubles. respectively. Hence the maximum income is 1,680 thousand rubles. Next, the maximum average daily earnings is calculated as the ratio of 1,680 thousand rubles. to 730 (the maximum number of days of the billing period) and is equal to 2,301.36 rubles.

Step 6. Select average daily earnings. At this stage, you need to compare the values ​​​​obtained in the fourth and fifth steps and select the smaller one.

Step 7. Compare the average daily earnings with the earnings calculated according to the minimum wage. In 2021, the minimum wage is set at 12,130 rubles, hence the minimum average daily earnings: 12,130 × 24 / 730 = 398.79 rubles. Then we compare the average daily earnings, selected in the sixth step, with the minimum and select a larger amount.

Let us remind you that from June 19, 2021, the minimum wage for comparison must be taken taking into account the regional coefficient (Federal Law dated 06/08/2020 No. 175-FZ).

Step 8. Calculate maternity benefits. The amount of the benefit is determined by multiplying the average daily earnings by the number of days of maternity leave.

The algorithm described above can be expressed by the formula:

Benefit amount = Income for the billing period subject to contributions / number of days in the billing period x duration of maternity leave

If a woman’s insurance period is less than 6 months, maternity benefits are limited to the amount of the minimum wage, taking into account regional coefficients, if they are established in the region (clause 3 of Article 11 255-FZ).

For example, sick leave from January 1, 2021, less than 6 months of experience, no earnings in the previous two years. Average daily earnings: 12,130 × 24 / 730 = 398.79 rubles. Sick leave on average in January: 398.79 × 31 = 12,362.49 - and this is more than 12,130, which means 12,130 must be paid. For February, respectively: 398.79 × 28 = 11,166.12 rubles. - this is less than 12,130, which means that for February the benefit will be 11,166.12 rubles. etc.

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Limit value of the taxable base

How to calculate sick leave and pregnancy benefits: how many weeks do people go on maternity leave in Russia?

Instructions for the online maternity leave calculator

To avoid wasting time calculating maternity benefits, use our free calculator. With its help, in just three steps you will determine the amount of maternity benefits:

1. From the proposed list, select the calculation of sick leave for pregnancy and childbirth and indicate the dates from the “maternity” sick leave. Then set the billing period years and click Next.

2. Indicate the employee’s monthly earnings for the period under consideration. If your region has adopted a regional coefficient, the woman works part-time and/or her work experience is less than six months, check the appropriate boxes. Go to stage 3.

3. In the final table you will receive a detailed calculation of maternity leave by month.

How to extend or reduce the duration of maternity leave?

Due to life circumstances, a maternity leaver may need to change the duration of the maternity period.

As already noted, a woman has the right to receive maternity leave at her own request by submitting the necessary documents and a corresponding application to the employer. If she does not do this, then benefits will not be accrued.

Application for maternity leave. 2021 sample

The duration of maternity leave is reduced by allowing the mother to go part-time. In this case, payments provided for on vacation are retained by the employee. A complete interruption of rest is made on request. The document is provided to the organization where the employee is employed.

The decree can be interrupted and started again any number of times. In this case, the woman needs to fill out an application and coordinate work periods and vacation time with the management of the enterprise.

In accordance with legal acts, the extension of leave can be combined with days provided to the employee on a regular basis when performing her job duties. In this case, the application before or after the maternity leave must include the relevant information.

Is it worth taking a maternity position when planning a family?

Short-term employment is not recommended for every woman. But such work has a number of advantages:

• graduates of educational organizations can gain experience;
• good income;
• if a woman performs well, the employer can offer her employment on a permanent basis;
• availability of vacation and compensation payments for non-use;
• in a certain situation, a young mother will be able to apply for benefits until the baby is 3 years old.

Disadvantages of employment:

• short period of work;
• termination of employment;
• deprivation of a job when the main employee returns from maternity leave;
• impossibility of obtaining benefits for up to 3 years.

Duration

The duration of maternity leave also depends on the circumstances, such is the unpredictable process of pregnancy. The standard period of maternity leave is 70 days before and 70 after childbirth. If complications arise during childbirth, the period is extended to 86 days. Multiple pregnancy will significantly extend the vacation and will be 84 days before pregnancy and 110 after.

How to take sick leave during pregnancy

If a pregnant woman experiences symptoms that are not related to her situation, such as a runny nose, she should see a GP. He, of course, should be notified of your pregnancy if the due date is not yet very noticeable outwardly.

Any doctor, for example, a therapist, an ophthalmologist, a neurologist, can give a sick leave to a pregnant woman according to his indications, depending on the complaints that the woman came with.

Pregnant women turn to a gynecologist due to symptoms characteristic specifically of pregnancy:

• dizziness;
• fatigue;
• drowsiness or insomnia;
• leg cramps;
• swelling;
• nausea and vomiting;
• nagging pain in the abdomen;
• vaginal discharge.

The gynecologist will determine how strongly these symptoms affect the woman’s health and the risk of miscarriage. Previously, a gynecologist had the right to issue a certificate of incapacity for work for a long period with such a diagnosis as “toxicosis of pregnancy” and “threat of miscarriage”. Now the rules have changed. With such diagnoses, the gynecologist refers to the hospital, where they issue a certificate of incapacity for work, which, if necessary, can last for the entire period of gestation.

A certificate of incapacity for work for pregnancy and childbirth is issued on a standard form

Documents for maternity leave

The list of documents that must be presented at the enterprise in order to obtain the right to leave under the BiR is limited by law.

In fact, this list only includes sick leave. To make it easier to receive benefits, an employee can provide information about an open account or card. If the applicant is sure that the account number and other mandatory bank details are correctly indicated in the application, then she is not required to document this information.

In addition, in the Russian Federation there is a system of rewarding women who register with gynecology in a timely manner, before 12 weeks. Therefore, along with a sick leave certificate, a girl can receive a certificate from the hospital and present it at the enterprise stating that she was registered at up to 12 weeks of pregnancy. Providing such a certificate entitles you to receive a one-time payment in the amount of 613 rubles 14 kopecks (for 2021)

. This amount, like other benefits, is indexed annually in parallel with the growth of inflation.

Another mandatory document must be submitted to those employees who, over the previous two years, have worked fully or partially at another company. This document is a certificate of income. If several jobs have changed within two years, then it is in the applicant’s interests to provide certificates from all employers.