New rules for calculating benefits for temporary disability, pregnancy and childbirth, monthly childcare benefits. New rules for calculating benefits for temporary disability, pregnancy and childbirth, monthly childcare benefits

1. This Federal Law regulates legal relations in the system of compulsory social insurance in case of temporary disability and in connection with maternity, determines the circle of persons subject to compulsory social insurance in case of temporary disability and in connection with maternity, and the types of compulsory social insurance provided to them. insurance coverage, establishes the rights and obligations of subjects of compulsory social insurance in case of temporary disability and in connection with maternity, and also determines the conditions, amounts and procedure for providing benefits for temporary incapacity for work, for pregnancy and childbirth, monthly childcare benefits of citizens subject to compulsory social insurance in case of temporary disability and in connection with motherhood.

2. This Federal Law does not apply to relations related to the provision of citizens with benefits for temporary disability in connection with an accident at work or occupational disease, with the exception of the provisions and this Federal Law applicable to these relations in the part that does not contradict July 24, 1998 N 125-FZ "On mandatory social insurance from industrial accidents and occupational diseases ".

Article 1.1. Legislation of the Russian Federation on compulsory social insurance in case of temporary disability and in connection with maternity

1. Legislation Russian Federation on compulsory social insurance in case of temporary disability and in connection with maternity is based on the Russian Federation and consists of this Federal Law, dated July 16, 1999 N 165-FZ "On the basics of compulsory social insurance", dated July 24, 2009 N 212-FZ "On insurance contributions to the Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation, Federal fund obligatory health insurance"(hereinafter referred to as the Federal Law" On Insurance Contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Mandatory Medical Insurance Fund "), other federal laws. Relations associated with compulsory social insurance in case of temporary disability and in connection with maternity are also governed by other regulatory legal acts of the Russian Federation.

2. In cases where an international treaty of the Russian Federation establishes rules other than those provided for by this Federal law, the rules of the international treaty of the Russian Federation are applied.

1) compulsory social insurance in case of temporary disability and in connection with maternity - a system of legal, economic and organizational measures created by the state aimed at compensating citizens for lost earnings (payments, remunerations) or additional costs in connection with the occurrence of insured event on compulsory social insurance in case of temporary disability and in connection with motherhood;

2) an insured event under compulsory social insurance in the event of temporary disability and in connection with maternity - an accomplished event, with the onset of which the insurer is obliged, and in some cases established by this Federal Law, the insured to provide insurance coverage;

3) compulsory insurance coverage for compulsory social insurance in the event of temporary disability and in connection with maternity (hereinafter also referred to as insurance coverage) - the performance by the insurer, and in some cases established by this Federal Law, by the insured of its obligations to the insured person upon the occurrence of an insured event through payments of benefits established by this Federal Law;

4) funds of compulsory social insurance in case of temporary disability and in connection with maternity - funds formed by the payment of insurance contributions by insurers for compulsory social insurance in case of temporary disability and in connection with maternity, as well as property in the operational management of the insurer;

5) insurance contributions for compulsory social insurance in case of temporary disability and in connection with maternity (hereinafter - insurance contributions) - compulsory payments made by policyholders to the Social Insurance Fund of the Russian Federation in order to ensure compulsory social insurance of insured persons in case of temporary disability and in connection with motherhood;

6) average earnings - average amount paid by the insured in favor of the insured person in the settlement period of wages, other payments and remunerations, on the basis of which, in accordance with this Federal Law, benefits for temporary disability, for pregnancy and childbirth, monthly childcare allowance are calculated, and for persons who voluntarily entered in the legal relationship on compulsory social insurance in the event of temporary disability and in connection with maternity, - established by federal law on the day of the insured event.

2. Other concepts and terms used in this Federal Law are applied in the same meaning in which they are used in other legislative acts of the Russian Federation.

1. The insured risks of compulsory social insurance in case of temporary disability and in connection with maternity are recognized as temporary loss of earnings or other payments, benefits by the insured person in connection with the occurrence of an insured event, or additional expenses the insured person or his family members in connection with the occurrence of the insured event.

1) temporary incapacity for work of the insured person due to illness or injury (except for temporary incapacity for work due to industrial accidents and occupational diseases) and in other cases provided for by this Federal Law;

1. The types of insurance coverage for compulsory social insurance in case of temporary disability and in connection with maternity are next payments:

2. The conditions, size and procedure for payment of insurance coverage for compulsory social insurance in case of temporary disability and in connection with motherhood are determined by this Federal Law, dated May 19, 1995 N 81-FZ "On state benefits to citizens with children" (hereinafter - Federal Law "On State Benefits to Citizens with Children"), dated January 12, 1996 N 8-ФЗ "On Burial and Funeral Business" (hereinafter - the Federal Law "On Burial and Funeral Business").

1. Citizens of the Russian Federation permanently or temporarily residing in the territory of the Russian Federation are subject to compulsory social insurance in case of temporary disability and in connection with motherhood. Foreign citizens and stateless persons, as well as foreign citizens and stateless persons temporarily staying in the Russian Federation (with the exception of highly qualified specialists in accordance with No. 115-ФЗ "О legal status foreign citizens in the Russian Federation "):

1) persons working under labor contracts, including heads of organizations who are the only participants (founders), members of organizations, owners of their property;

"On the provision of benefits for temporary disability, pregnancy and childbirth of citizens subject to compulsory social insurance"

Chapter 1. General Provisions

Article 1. Subject of regulation of this Federal Law

1. This Federal Law determines the conditions, size and procedure for providing benefits for temporary incapacity for work, pregnancy and childbirth of citizens subject to compulsory social insurance.

2. This Federal Law does not apply to relations related to the provision of citizens with benefits for temporary disability in connection with an industrial accident or occupational disease, with the exception of the provisions of Articles 12, 13, 14 and 15 of this Federal Law, which apply to these relations in part , which does not contradict the Federal Law of July 24, 1998 N 125-FZ "On compulsory social insurance against industrial accidents and occupational diseases."

Article 2. Persons entitled to benefits for temporary incapacity for work, for pregnancy and childbirth

1. The right to benefits for temporary incapacity for work, for pregnancy and childbirth have citizens who are subject to compulsory social insurance in case of temporary incapacity for work and in connection with maternity (hereinafter - the insured persons), subject to the conditions provided for by this Federal Law and other federal laws.

2. The insured persons are citizens of the Russian Federation, as well as foreign citizens and stateless persons permanently or temporarily residing in the territory of the Russian Federation:

1) persons working under labor contracts;

2) state civil servants, municipal servants;

3) lawyers, individual entrepreneurs, including members of peasant (farm) farms, individuals who are not recognized as individual entrepreneurs, members of clan, family communities of small peoples of the North, who voluntarily entered into a relationship on compulsory social insurance in case of temporary disability and in connection with motherhood and paying for themselves insurance contributions to the Social Insurance Fund of the Russian Federation in accordance with Federal Law of December 31, 2002 N 190-FZ "On the provision of benefits for compulsory social insurance of citizens working in organizations and individual entrepreneurs using special tax regimes, and some other categories of citizens "(hereinafter - the Federal Law" On the provision of benefits for compulsory social insurance of citizens working in organizations and individual entrepreneurs applying special tax regimes, and some other categories of citizens ");

4) other categories of persons who are subject to compulsory social insurance in case of temporary disability and in connection with maternity in accordance with other federal laws, provided that they or for them pay taxes and (or) insurance contributions to the Social Insurance Fund of the Russian Federation.

3. Persons working under employment contracts, for the purposes of this Federal Law, are recognized as persons who have entered into an employment contract in accordance with the established procedure from the day from which they should have started work, or persons who are actually admitted to work in accordance with labor legislation.

4. Legislative and normative legal acts of the Russian Federation, constituent entities of the Russian Federation may establish other payments to provide federal state civil servants, state civil servants of the constituent entities of the Russian Federation in connection with temporary disability, pregnancy and childbirth, financed from funds federal budget, budgets of the constituent entities of the Russian Federation.

Article 3. Financing the payment of benefits for temporary incapacity for work, for pregnancy and childbirth

1. Financing of the payment of benefits for temporary disability, for pregnancy and childbirth to insured persons is carried out at the expense of the budget of the Social Insurance Fund of the Russian Federation, as well as at the expense of the employer in the cases provided for in part 2 of this article.

2. Allowance for temporary disability in the cases specified in Clause 1 of Part 1 of Article 5 of this Federal Law shall be paid to insured persons (with the exception of the insured persons specified in Part 4 of this Article) for the first two days of temporary incapacity for work at the expense of the employer, and for the rest of the period starting from the 3rd day of temporary disability - at the expense of the Social Insurance Fund of the Russian Federation.

3. Allowance for temporary disability in the cases provided for in clauses 2 - 5 of part 1 of Article 5 of this Federal Law is paid to insured persons (except for the insured persons specified in Part 4 of this Article) at the expense of the Social Insurance Fund of the Russian Federation from the 1st days of temporary disability.

4. Financing the payment of temporary disability benefits to insured persons working under employment contracts concluded with organizations and individual entrepreneurs applying special tax regimes (who have switched to a simplified taxation system or are payers of the single tax on imputed income for certain types activity or the unified agricultural tax), as well as to persons who voluntarily entered into relations on compulsory social insurance in case of temporary disability and in connection with maternity, is carried out in accordance with the Federal Law "On the provision of benefits for compulsory social insurance of citizens working in organizations and individual entrepreneurs applying special tax regimes and some other categories of citizens. "

5. In cases established by law Of the Russian Federation, federal laws, financing of expenses related to the payment of benefits for temporary disability, for pregnancy and childbirth in excess of those established by the legislation of the Russian Federation on compulsory social insurance, is carried out at the expense of the federal budget transferred for these purposes to the Social Insurance Fund of the Russian Federation.

Article 4. Provision of benefits for temporary incapacity for work, for pregnancy and childbirth of persons sentenced to imprisonment and involved in paid work

Persons sentenced to imprisonment and involved in paid work are subject to benefits for temporary disability, pregnancy and childbirth in the manner determined by the Government of the Russian Federation.

Chapter 2. Provision of temporary disability benefits

Article 5. Cases of provision of benefits for temporary incapacity for work

1. Provision of insured persons with temporary disability benefits is carried out in the following cases:

1) disability due to illness or injury, including in connection with an operation to artificially terminate pregnancy or the implementation of in vitro fertilization (hereinafter - disease or injury);

2) the need to take care of a sick family member;

3) quarantine of the insured person, as well as quarantine of a child under 7 years of age attending a preschool educational institution, or another family member recognized as legally incompetent in the established manner;

4) the implementation of prosthetics for medical reasons in a stationary specialized institution;

5) follow-up care in accordance with the established procedure in sanatorium-resort institutions located on the territory of the Russian Federation, immediately after inpatient treatment.

2. Allowance for temporary disability is paid to insured persons upon the occurrence of the cases specified in part 1 of this article, during the period of work under an employment contract, performance of official or other activities, during which they are subject to compulsory social insurance, as well as in cases when a disease or the injury occurred within 30 calendar days from the date of termination of the specified work or activity, or in the period from the date of the conclusion of the employment contract until the day of its cancellation.

Article 6. Conditions and duration of payment of benefits for temporary incapacity for work

1. Allowance for temporary incapacity for work in case of loss of ability to work due to illness or injury is paid to the insured person for the entire period of temporary incapacity for work until the day of restoration of the ability to work (establishment of disability with limited ability to work), except for the cases specified in parts 3 and 4 of this article.

2. When taking care of the insured person in a sanatorium-resort institution located on the territory of the Russian Federation, immediately after inpatient treatment, temporary disability benefit is paid for the period of stay in a sanatorium-resort institution, but not more than 24 calendar days.

3. An insured person who has been recognized as a disabled person in accordance with the established procedure and has a limited ability to work is paid temporary disability benefits (except for tuberculosis) for no more than four consecutive months or five months in a calendar year. In the event of tuberculosis disease of these persons, the temporary disability benefit shall be paid until the day of restoration of the ability to work or until the day of the increase in the degree of limitation of the ability to work due to tuberculosis.

4. An insured person who has entered into a fixed-term employment contract (fixed-term service contract) for up to six months, as well as an insured person whose illness or injury occurred in the period from the date of the conclusion of the employment contract until the day of its cancellation, temporary disability benefit (except tuberculosis disease) is paid for no more than 75 calendar days under this agreement. In case of tuberculosis, the temporary disability benefit is paid until the day of restoration of the ability to work (establishment of disability with limited ability to work). In this case, the insured person whose illness or injury occurred during the period from the date of the conclusion of the employment contract until the day of its cancellation, the temporary disability benefit is paid from the day from which the employee was supposed to start work.

5. Allowance for temporary incapacity for work, if it is necessary to take care of a sick family member, is paid to the insured person:

1) in the case of caring for a sick child under the age of 7 years - for the entire period of outpatient treatment or joint stay with the child in an inpatient medical and prophylactic institution, but not more than 60 calendar days in a calendar year for all cases of caring for this child, and in case of illness of a child included in the list of diseases determined by the federal executive body in charge of developing state policy and legal regulation in the field of health care and social development, - no more than 90 calendar days in a calendar year for all cases of caring for this child in connection with the specified disease;

2) in the case of caring for a sick child aged 7 to 15 years - for a period of up to 15 calendar days for each case of outpatient treatment or joint stay with a child in an inpatient medical and prophylactic institution, but not more than 45 calendar days in a calendar year for all cases of caring for this child;

3) in the case of caring for a sick disabled child under the age of 15 - for the entire period of outpatient treatment or joint stay with the child in an inpatient medical and prophylactic institution, but not more than 120 calendar days in a calendar year for all cases of caring for this child;

4) in the case of caring for a sick child under 15 years of age who is HIV-infected - for the entire period of joint stay with the child in an inpatient medical and prophylactic institution;

5) in the case of caring for a sick child under the age of 15 with his illness associated with a post-vaccination complication - for the entire period of outpatient treatment or joint stay with the child in an inpatient medical and prophylactic institution;

6) in other cases of caring for a sick family member during outpatient treatment - no more than 7 calendar days for each case of the disease, but no more than 30 calendar days in a calendar year for all cases of caring for this family member.

6. Allowance for temporary disability in case of quarantine is paid to the insured person who has been in contact with an infectious patient or who has been identified as carrying a bacterium, for the entire period of his suspension from work in connection with quarantine. If children under 7 years of age attending preschool are subject to quarantine educational institutions, or other family members recognized as legally incompetent, temporary disability benefits are paid to the insured person (one of the parents, another legal representative or another family member) for the entire quarantine period.

7. Allowance for temporary incapacity for work in the case of prosthetics for medical reasons in a stationary specialized institution is paid to the insured person for the entire period of release from work for this reason, including the time of travel to the place of prosthetics and back.

8. Temporary disability benefit is paid to the insured person in all cases specified in parts 1-7 of this article for calendar days falling within the relevant period, except for calendar days falling within the periods specified in part 1 article 9 of this Federal Law.

Article 7. Amount of allowance for temporary incapacity for work

1. Allowance for temporary incapacity for work in case of loss of ability to work due to illness or injury, with the exception of the cases specified in part 2 of this article, in case of quarantine, prosthetics for medical indications and follow-up treatment in sanatoriums immediately after inpatient treatment is paid in the following amount:

1) to an insured person with an insurance experience of 8 years or more - 100 percent of the average earnings;

2) to an insured person with an insurance record of 5 to 8 years - 80 percent of the average earnings;

3) to an insured person with up to 5 years of insurance - 60 percent of the average earnings.

2. Allowance for temporary incapacity for work in case of loss of ability to work due to illness or injury is paid to insured persons in the amount of 60 percent of the average earnings in case of illness or injury that occurred within 30 calendar days after the termination of work under an employment contract, service or other activities during which they are subject to compulsory social insurance.

3. Allowance for temporary incapacity for work, if it is necessary to take care of a sick child, is paid:

1) for outpatient treatment of a child - for the first 10 calendar days in the amount determined depending on the duration insurance experience the insured person in accordance with part 1 of this article, for the next days in the amount of 50 percent of the average earnings;

2) for inpatient treatment of a child - in the amount determined depending on the length of the insurance period of the insured person in accordance with paragraph 1 of this article.

4. Allowance for temporary incapacity for work, if it is necessary to care for a sick family member during his outpatient treatment, with the exception of cases of caring for a sick child under 15 years of age, is paid in an amount determined depending on the length of the insured person's insurance period in accordance with Part 1 of this article.

5. The amount of temporary disability benefit cannot exceed maximum size benefits for temporary disability established by the federal law on the budget of the Social Insurance Fund of the Russian Federation for the next fiscal year... If the insured person works for several employers, the amount of the temporary disability benefit cannot exceed the specified maximum amount of the specified benefit for each place of work.

6. An insured person who has an insurance experience of less than six months is paid temporary disability benefit in an amount not exceeding a full calendar month minimum size wages established by federal law, and in areas and localities in which in the prescribed manner apply district coefficients to wages, in an amount not exceeding the minimum wage, taking into account these coefficients.

7. Allowance for temporary disability for the period of inactivity is paid in the same amount in which it is retained during this time wage, but not higher than the amount of the benefit that the insured person would receive according to the general rules.

Article 8. Grounds for reducing the amount of temporary disability benefit

1. The grounds for reducing the amount of temporary disability benefits are:

1) violation by the insured person without good reason during the period of temporary incapacity for work of the regime prescribed by the attending physician;

2) failure of the insured person to appear without good reason at the appointed time for a medical examination or for a medical and social examination;

3) illness or injury resulting from alcoholic, narcotic, toxic intoxication or actions related to such intoxication.

2. If there are one or more grounds for reducing the temporary disability benefit specified in Part 1 of this article, the temporary disability benefit is paid to the insured person in an amount not exceeding the minimum wage established by federal law for a full calendar month:

1) if there are grounds specified in clauses 1 and 2 of part 1 of this article - from the day when the violation was committed;

2) if there are grounds specified in clause 3 of part 1 of this section - for the entire period of incapacity for work.

Article 9. Periods for which temporary disability benefit is not awarded. Grounds for refusal to grant temporary disability benefits

1. Temporary disability benefit is not assigned to the insured person for the following periods:

1) for the period when the employee is released from work with full or partial retention of wages or without payment in accordance with the legislation of the Russian Federation, except for cases of disability due to illness or injury during the period of annual paid leave;

2) for the period of suspension from work in accordance with the legislation of the Russian Federation, if no salary is accrued for this period;

3) for the period of taking into custody or administrative arrest;

4) for the period of the forensic medical examination.

2. The grounds for refusing to grant the insured person benefits for temporary incapacity for work are:

1) the onset of temporary incapacity for work as a result of the deliberate infliction of harm to his health by the insured person or attempted suicide established by the court;

2) the onset of temporary incapacity for work due to the commission of an intentional crime by the insured person.

Chapter 3. Provision of maternity benefits

Article 10. Duration of payment of maternity benefits

1. The maternity allowance is paid to the insured woman in total for the entire period of maternity leave lasting 70 (in case of multiple pregnancies - 84) calendar days before childbirth and 70 (in case of complicated childbirth - 86, with the birth of two or more children - 110) calendar days after childbirth.

2. In case of adoption of a child (children) under the age of three months, the maternity benefit is paid from the date of his adoption until the expiration of 70 (in the case of simultaneous adoption of two or more children - 110) calendar days from the date of birth of the child (children).

3. If during the period when the mother is on parental leave until she reaches the age of one and a half years, she has a maternity leave, she has the right to choose one of two types of benefits paid during the periods of the corresponding leave.

Article 11. Amount of maternity allowance

1. Maternity allowance is paid to the insured woman in the amount of 100 percent of the average earnings.

2. The amount of the maternity benefit may not exceed the maximum amount of the maternity benefit established by the federal law on the budget of the Social Insurance Fund of the Russian Federation for the next financial year. If the insured person works for several employers, the amount of the maternity benefit cannot exceed the specified maximum amount of the specified benefit for each place of work.

3. An insured woman with an insurance experience of less than six months is paid maternity benefits in an amount not exceeding the minimum wage established by federal law for a full calendar month, and in regions and localities in which regional coefficients are applied in accordance with the established procedure to wages, in an amount not exceeding the minimum wage, taking into account these coefficients.

Chapter 4. Appointment, calculation and payment of benefits for temporary incapacity for work, for pregnancy and childbirth

Article 12. Terms for applying for benefits for temporary incapacity for work, for pregnancy and childbirth

1. Temporary disability allowance is assigned if the application for it was followed no later than six months from the day of restoration of working capacity (establishment of disability with limited ability to work), as well as the end of the period of release from work in cases of caring for a sick family member, quarantine, prosthetics and aftercare.

2. The maternity allowance shall be granted if the application for it was followed no later than six months from the date of the end of the maternity leave.

3. When applying for benefits for temporary incapacity for work, for pregnancy and childbirth after a six-month period, the decision on granting benefits is made by the territorial body of the Social Insurance Fund of the Russian Federation if there are good reasons for missing the deadline for applying for benefits. The list of valid reasons for missing the deadline for applying for benefits is determined by the federal executive body responsible for the development of state policy and legal regulation in the field of compulsory social insurance.

Article 13. Procedure for the appointment and payment of benefits for temporary incapacity for work, for pregnancy and childbirth

1. The assignment and payment of benefits for temporary disability, for pregnancy and childbirth are carried out by the employer at the place of work of the insured person (except for the cases specified in parts 2 and 3 of this article). In the event that the insured person works for several employers, benefits are assigned and paid to him by each employer.

2. An insured person who has lost the ability to work due to illness or injury within 30 calendar days from the date of termination of work under an employment contract, service or other activities during which he is subject to compulsory social insurance, temporary disability benefits are assigned and paid by the employer at his last place work either by the territorial body of the Social Insurance Fund of the Russian Federation.

3. To the insured persons specified in clause 3 of part 2 of Article 2 of this Federal Law, as well as to other categories of insured persons in the event of termination of activity by the employer at the time of the request of the insured person for benefits for temporary disability, for pregnancy and childbirth, the appointment and payment of these benefits are carried out by the territorial body of the Social Insurance Fund of the Russian Federation.

4. For the appointment and payment of benefits for temporary incapacity for work, for pregnancy and childbirth, the insured person submits a certificate of incapacity for work issued by a medical organization in the form and in the manner established by the federal executive body responsible for the development of state policy and legal regulation in the field compulsory social insurance, and for the appointment and payment of benefits by the territorial body of the Social Insurance Fund of the Russian Federation, also information on earnings (income), from which the benefit must be calculated, and documents confirming the length of service, determined by the specified federal executive body.

5. The employer shall pay benefits for temporary incapacity for work, for pregnancy and childbirth to the insured person in the manner prescribed for the payment of wages to employees.

6. In cases of the appointment and payment of benefits for temporary disability, pregnancy and childbirth by the territorial body of the Social Insurance Fund of the Russian Federation, provided for in parts 2 and 3 of this article, the payment of benefits for temporary disability, pregnancy and childbirth is made in the established amount directly by the territorial body of the Fund social insurance of the Russian Federation, who have appointed the specified benefit, or through the organization of the federal postal service, a credit or other organization at the request of the recipient.

Article 14. The procedure for calculating benefits for temporary incapacity for work, for pregnancy and childbirth

1. Benefits for temporary disability, for pregnancy and childbirth are calculated based on the average earnings of the insured person, calculated for the last 12 calendar months preceding the month of the onset of temporary disability, maternity leave.

2. The earnings, on the basis of which benefits for temporary incapacity for work, for pregnancy and childbirth are calculated, include all types of payments provided for by the wage system that are taken into account when determining tax base on a single social tax credited to the Social Insurance Fund of the Russian Federation, in accordance with chapter 24 of part two Tax Code Russian Federation. The earnings for calculating benefits for temporary incapacity for work, for pregnancy and childbirth to insured persons who voluntarily entered into a relationship on compulsory social insurance in case of temporary incapacity for work and in connection with maternity, includes the income received by them, from which insurance contributions were paid to the Social Insurance Fund of the Russian Federation in accordance with the Federal Law "On the provision of benefits for compulsory social insurance of citizens working in organizations and for individual entrepreneurs applying special tax regimes, and some other categories of citizens."

3. The average daily earnings for calculating benefits for temporary disability, for pregnancy and childbirth is determined by dividing the amount of accrued earnings for the period specified in Part 1 of this Article by the number of calendar days falling on the period for which the wages are taken into account.

4. The amount of the daily allowance for temporary incapacity for work, for pregnancy and childbirth is calculated by multiplying the average daily earnings of the insured person by the amount of the allowance established as a percentage of the average earnings in accordance with Articles 7 and 11 of this Federal Law.

5. The amount of the allowance for temporary incapacity for work, for pregnancy and childbirth is determined by multiplying the amount of the daily allowance by the number of calendar days falling on the period of temporary incapacity for work, maternity leave.

6. In the event that the amount of benefits for temporary incapacity for work, for pregnancy and childbirth, calculated in the manner prescribed by this article, exceeds the maximum amount of benefits for temporary incapacity for work, for pregnancy and childbirth, established in accordance with Articles 7 and 11 of this Federal Law, these allowances are paid in the specified maximum amounts.

7. Features of the procedure for calculating benefits for temporary incapacity for work, for pregnancy and childbirth, including for selected categories insured persons are determined by the Government of the Russian Federation.

Article 15. Terms of appointment and payment of benefits for temporary incapacity for work, for pregnancy and childbirth

1. The employer assigns benefits for temporary disability, for pregnancy and childbirth within 10 calendar days from the day the insured person applied for it from necessary documents... The payment of benefits is carried out by the employer on the day following the assignment of benefits, established for the payment of wages.

2. The territorial body of the Social Insurance Fund of the Russian Federation, in the cases provided for by Parts 2 and 3 of Article 13 of this Federal Law, shall appoint and pay benefits for temporary disability, for pregnancy and childbirth within 10 calendar days from the date the insured person submits the relevant application and the necessary documents ...

3. The temporary disability, pregnancy and childbirth allowance assigned but not received by the insured person in a timely manner shall be paid for the entire past time, but not more than three years prior to applying for it. The allowance not received by the insured person in whole or in part through the fault of the employer or the territorial body of the Social Insurance Fund of the Russian Federation is paid for the entire past time without any limitation of any period.

4. The amounts of benefits for temporary incapacity for work, for pregnancy and childbirth, overpaid to the insured person, cannot be recovered from him, except for cases counting error and bad faith on the part of the recipient (submission of documents with deliberately incorrect information, concealment of data affecting the receipt of benefits and its amount, other cases). Withholding is made in the amount of not more than 20 percent of the amount due to the insured person for each subsequent payment of benefits or his salary. Upon termination of the payment of benefits or wages, the remaining debt is collected in court.

5. The accrued amounts of benefits for temporary incapacity for work, for pregnancy and childbirth, not received in connection with the death of the insured person, are paid in accordance with the procedure established by the civil legislation of the Russian Federation.

Article 16. The procedure for calculating the insurance period for determining the amount of benefits for temporary disability, for pregnancy and childbirth

1. The length of service for determining the amount of benefits for temporary disability, for pregnancy and childbirth (length of service) includes the periods of work of the insured person under an employment contract, state civil or municipal service, as well as periods of other activities during which the citizen was subject to compulsory social insurance in case of temporary disability and in connection with motherhood.

2. The insurance period is calculated in a calendar order. In case of coincidence in time of several periods included in the insurance period, one of such periods is taken into account at the choice of the insured person.

3. The rules for calculating and confirming the length of service are established by the federal executive body in charge of developing state policy and legal regulation in the field of compulsory social insurance.

Chapter 5. Procedure for the entry into force of this Federal Law

Article 17. Retention of previously acquired rights when determining the amount of temporary disability benefit and the duration of the insurance period

1. Establish that citizens who started work under an employment contract, service or other activities during which they are subject to compulsory social insurance, before January 1, 2007 and who until January 1, 2007 had the right to receive benefits for temporary disability in the amount (in percentage terms of the average earnings) exceeding the amount of the benefit (in percentage terms of the average earnings), due in accordance with this Federal Law, the temporary disability benefit is assigned and paid in the same higher amount (in percentage terms of the average earnings) , but not higher than the maximum amount of benefits for temporary disability established in accordance with this Federal Law.

2. In the event that the duration of the insurance period of the insured person, calculated in accordance with this Federal Law for the period up to January 1, 2007, turns out to be less than the duration of his continuous work experience applied when assigning benefits for temporary disability in accordance with the previously valid regulatory legal acts , for the same period, the duration of the uninterrupted work experience of the insured person is taken as the duration of the insurance period.

Article 18. Application of this Federal Law to insured events that occurred before and after the day of its entry into force

1. This Federal Law shall apply to insured events that occurred after the day this Federal Law came into force.

2. For insured events that occurred before the date of entry into force of this Federal Law, the allowance for temporary disability, for pregnancy and childbirth is calculated according to the norms of this Federal Law for the period after the day of its entry into force, if the amount of the benefit calculated in accordance with this Federal Law by law, exceeds the amount of the benefit relying on the norms of the previous legislation.

Article 19. Entry into force of this Federal Law

2.From January 1, 2007 legislative acts and other regulatory legal acts Of the Russian Federation, stipulating the conditions, amounts and procedure for providing benefits for temporary disability, for pregnancy and childbirth of citizens subject to compulsory social insurance, are applied in the part that does not contradict this Federal Law.

1. Appointment and payment of benefits for temporary incapacity for work, for pregnancy and childbirth, monthly allowance childcare is carried out by the insured at the place of work (service, other activity) of the insured person (except for the cases specified in parts 3 and 4 of this article).

2. If the insured person at the time of the insured event is employed by several policyholders and in the two previous calendar years was employed by the same policyholders, benefits for temporary disability, maternity benefits are assigned and paid to him by the policyholders at all places of work (services , other activities), and the monthly childcare allowance - by the insured at one place of work (service, other activity) at the choice of the insured person and is calculated based on the average earnings, determined in accordance with Article 14 of this Federal Law, for the period of work (service , other activities) from the insured who appoints and pays benefits.

2.1. If the insured person at the time of the occurrence of the insured event is employed by several policyholders, and in the previous two calendar years was employed by other policyholders (another policyholder), benefits for temporary disability, maternity benefits, monthly childcare benefits are assigned and paid to him by the policyholder at one of the last places of work (service, other activity) at the choice of the insured person.

2.2. If the insured person at the time of the occurrence of the insured event is employed by several policyholders, and in the previous two calendar years was employed by both these and other policyholders (another policyholder), benefits for temporary disability, for pregnancy and childbirth are assigned and paid to him either in in accordance with part 2 of this article, the insured in all places of work (service, other activity) based on the average earnings during the time of work (service, other activity) with the insured who appoints and pays benefits, or in accordance with part 2.1 of this article, the insured for one of last places of work (service, other activity) at the choice of the insured person.

3. An insured person who has lost the ability to work due to illness or injury within 30 calendar days from the date of termination of work under an employment contract, service or other activities during which he was subject to compulsory social insurance in case of temporary disability and in connection with motherhood, temporary allowance incapacity for work is appointed and paid by the insured at his last place of work (service, other activity) or by the territorial body of the insurer in the cases specified in part 4 of this article.

4. To the insured persons specified in "Part 3 of Article 2" of this Federal Law, as well as to other categories of insured persons in the event of termination of activities by the insured on the day the insured person applies for benefits for temporary disability, for pregnancy and childbirth, monthly childcare benefits , or in the absence of the possibility of their payment by the insured due to insufficient Money on his accounts in credit institutions and the use of the sequence of debiting funds from the account, provided for by the Civil "Code" of the Russian Federation, or if it is not possible to establish the location of the insured and his property, which may be subject to foreclosure, in the presence of a court decision that has entered into legal force on establishing the fact of non-payment by such insured benefits to the insured person, or if, on the day the insured person applies for the said benefits, the procedures applied in the insured's bankruptcy case are carried out in relation to the policyholder, the appointment and payment of these benefits, with the exception of temporary disability benefits paid at the expense of the policyholder in accordance with with "Clause 1 of Part 2 of Article 3" of this Federal Law are carried out by the territorial body of the insurer.

5. The appointment and payment of benefits for temporary disability, for pregnancy and childbirth are carried out on the basis of a certificate of incapacity for work issued by a medical organization in the form of a paper document or (with the written consent of the insured person) formed and posted in information system insurer in the form electronic document signed using enhanced qualified electronic signature health worker and a medical organization, if the medical organization and the insured are participants in the information exchange system for the exchange of information in order to form a certificate of incapacity for work in the form of an electronic document. For the appointment and payment of these benefits, the insured person submits a certificate (certificates) about the amount of earnings from which the benefit should be calculated from the place (s) of work (service, other activity) with another policyholder (with other policyholders), and for appointment and payment of the specified benefits by the territorial body of the insurer - a certificate (certificates) on the amount of earnings from which the benefit should be calculated, and determined by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of labor and social protection of the population, documents confirming the insurance experience. The form, procedure for issuing and issuing certificates of incapacity for work, as well as the procedure for forming certificates of incapacity for work in the form of an electronic document, shall be established by the federal executive body in charge of developing and implementing state policy and legal regulation in the field of healthcare, in agreement with the federal executive body , carrying out the functions of developing and implementing state policy and legal regulation in the field of labor and social protection of the population, and the Social Insurance Fund of the Russian Federation. The procedure for information interaction between the insurer, policyholders, medical organizations and federal state institutions of medical and social expertise for the exchange of information in order to form a certificate of incapacity for work in the form of an electronic document is approved by the Government of the Russian Federation.

5.1. In the cases specified in parts 2.1 and 2.2 of this article, the insured person, when applying for benefits for temporary disability, for pregnancy and childbirth, to the insured at one of the last places of work (service, other activity) at the choice of the insured person also submits a certificate (certificates ) from the place of work (service, other activity) with another policyholder (with other policyholders) that the appointment and payment of benefits by this policyholder are not carried out.

6. For the appointment and payment of the monthly childcare allowance, the insured person submits an application for the purpose of the indicated allowance, a birth (adoption) certificate of the child being cared for, and a copy of it or an extract from the decision on establishing custody of the child, a birth certificate (adoption, death) of the previous child (children) and his copy, a certificate from the place of work (service) of the mother (father, both parents) of the child that she (he, they) does not use parental leave and does not receive monthly childcare benefits, and if the mother (father, both parents) of the child does not work (does not serve) or is trained in full-time for basic educational programs in organizations carrying out educational activities, a certificate from the social protection authorities at the place of residence (place of stay, actual residence) of the child's mother (father) about not receiving a monthly childcare allowance. For the appointment and payment of the monthly childcare allowance, the insured person also, if necessary, submits a certificate (certificates) on the amount of earnings from which the allowance is to be calculated. For the appointment and payment of a monthly childcare allowance in accordance with part 4 of this article, a certificate (information) from the social protection authorities at the place of residence (place of stay, actual residence) of the father, mother (both parents) of the child on non-receipt of the monthly childcare allowance for the child is requested by the insurer in the authorized executive body of the constituent entity of the Russian Federation, which has such information at its disposal. The insured person has the right, on his own initiative, to submit the specified certificate for the appointment and payment of benefits. The interdepartmental request of the insurer for the submission of documents (information) is sent within three calendar days from the date of receipt of the application for the payment of monthly childcare benefits in accordance with part 4 of this article. Term of preparation and direction authorized body the executive power of the constituent entity of the Russian Federation, the response to the specified interdepartmental request cannot exceed five calendar days from the date of receipt of the interdepartmental request to the specified bodies.

7. An insured person employed by several policyholders, when contacting one of the said policyholders of their choice for the appointment and payment of a monthly childcare allowance, along with the documents provided for in part 6 of this article, submits a certificate (s) from the place of work (service , other activities) from another policyholder (other policyholders) that the appointment and payment of the monthly childcare allowance by this policyholder is not carried out.

7.1. The insured person, instead of the original certificate of the amount of earnings, from which benefits for temporary incapacity for work, for pregnancy and childbirth, monthly childcare allowance must be calculated, may submit a copy of the certificate of the amount of earnings, certified in accordance with the established procedure.

7.2. In the event that the insured person is not able to submit a certificate (certificates) on the amount of earnings, from which the benefit should be calculated, from the place (s) of work (service, other activity) with another policyholder (other policyholders) in connection with the termination of activities by this policyholder (these policyholders) or for other reasons, the policyholder who appoints and pays benefits, or the territorial body of the insurer that appoints and pays benefits in the cases specified in parts 3 and 4 of this article of this Federal Law, at the request of the insured person, sends a request to the territorial organ The Pension Fund Of the Russian Federation on the submission of information on wages, other payments and remunerations of the insured person to the respective policyholder (respective policyholders) on the basis of information from individual (personified) accounting in the compulsory system pension insurance... The form of the said application of the insured person, the form and procedure for sending the request, the form, procedure and terms for submitting the requested information by the territorial body of the Pension Fund of the Russian Federation shall be established by the federal executive body in charge of developing state policy and legal regulation in the field of social insurance.

8. The policyholder pays benefits for temporary incapacity for work, for pregnancy and childbirth, monthly childcare benefits to the insured person in the manner prescribed for the payment of wages (other payments, benefits) to insured persons.

9. Payment of benefits for temporary incapacity for work, for pregnancy and childbirth, monthly benefits for childcare in the cases provided for in part 4 of this article, shall be carried out in the established amounts by the territorial body of the insurer that appointed these benefits, through the organization of the federal postal service, credit or other organization at the request of the recipient.

10. Information on the appointment and payment of temporary disability benefits, maternity benefits, monthly childcare benefits to insured persons in the cases provided for in part 4 of this article is posted in the Unified State Information System of Social Security. The placement and receipt of this information in the Unified State Information System of Social Security is carried out in accordance with the Federal Law of July 17, 1999 N 178-FZ "On State Social Assistance".

Among social benefits, the legislation of the Russian Federation emphasizes a guarantee for all individuals for which the employer pays mandatory sums insured, as well as compensation payments pregnant women and those caring for a child before reaching a certain age... All these payments for the most part are carried out precisely at the expense of the funds that the employer transfers for each of his employees.

All of the above aspects are considered directly in the Federal Law 255 "On compulsory social insurance in case of temporary disability and in connection with motherhood" (hereinafter referred to as the Law).

Basic Provisions

This Law was adopted on December 29, 2006, replacing the previously effective Federal Law on July 16, 1999 "On the Basics of Compulsory Social Insurance".

The new Law introduced new rules for calculating sick leave and benefits in connection with the onset of pregnancy and childbirth. In particular, the changes affected. Under the new legislation, the billing period now includes more than one prior year and two.

New Law in detail describes the following questions:

Issues addressed

Conventionally, the text of the Law can be distinguished three main directions:

General cases when temporary disability occurs;
Maternity benefits;
Payments for caring for a child under one and a half years of age.

Also the amount of insurance deductions is set for each employee and the procedure for their transfer to the Social Insurance Fund.

Payment of insurance premiums

The law obliges all employers pay insurance premiums for their employees to the social insurance authorities. Their size is set as a percentage of the salary received by the employee. At present it equals 2.9%.

These contributions transferred monthly after the salary is calculated.

It is from these transfers that benefits are paid, with the exception of the first 3 days of the usual sick leave (his employer pays at his own expense).

The employer calculates all benefits and then pays them out of their own funds, and only then the FSS reimburses the spent funds by transferring funds.

Temporary disability

The law deals with this issue in Chapter 2, Articles 5 to 9.

They reveal next questions:

All citizens for whom the accrual and transfer takes place will have the right to benefits. insured amounts to the Social Insurance Fund and also in some cases payments will be made to the persons who will be caring, in particular.

Incapacity for work any illness or injury that prevents an employee from performing his or her job duties is considered. It can only be established by a medical institution that issues a certificate of incapacity for work, which will indicate the reason and the period.

Incapacity for work has a unified form and is a blank strict accountability... The Law establishes clear rules how to fill out this document. It is filled in by employees of the medical institution and employees of the organization where it is provided for payment. The Social Insurance Fund conducts periodic inspections, during which the correctness of the completion and calculation of benefits is checked. In the case when gross mistakes are made when filling out the form of the certificate of incapacity for work, such a form of social insurance may not be accepted for payment, respectively, the sick leave paid to the employer is not compensated.

The amount of payment depends on the number of years of the employee and is as follows percentages from average earnings:

60% - with work experience up to 5 years;
80% - with work experience of 5 - 8 years;
100% - with more than 8 years of experience.

This applies to ordinary situations when the person who received the leaflet is personally on sick leave. In the case when the sick leave is issued for caring for children or other family members payment is made in the amount of 60%, regardless of the length of service.

Payments are made in the following way:

the employee provides sick leave to the employer;
accrual is carried out;
the payment of benefits is made at the nearest wage.

Despite the fact that the benefit is accrued only to those for whom insurance premiums are paid, the employer pays for 3 days of sick leave at his own expense, and the rest of the amount is reimbursed by the FSS.

Pregnancy and childbirth

Chapter 3 is devoted to this issue, it regulates the amount and timing of benefits.

For this period, a woman is also issued sick leave, which has strictly fixed duration... It is:

Since pregnancy and childbirth are issued with a sick leave, then algorithm for its payment and accrual similar to a regular sick leave, with some exceptions:

this sick leave is paid in full, that is, 100%, regardless of the length of service of the woman who received it;
has a minimum and maximum size that is limited by the Law. This size changes almost annually and depends on the change.

A sick leave is issued for this basis 70 or 84 days before the date of birth approximately set in the consultation.

Baby care

According to the Law, anyone who directly cares for a small child can receive monthly benefits, until the child is 1.5 years old.

This type of compensation begins to be paid only after the end of the leave given in connection with pregnancy and childbirth.

If a woman simultaneously has the right to receive both types of benefits, then she can choose only one of them, she will not be able to receive two at once. This situation may arise when, later short term after the first birth.

Calculation principle the benefits are the same as when calculating sick leave, but the entire amount is not paid in full, but in installments every month and not in full, but only 40% per child. Accordingly, if there are 2 children, then the amount of the benefit will be 80%, if three children are born at the same time, then the benefit will be paid at 100%.

The allowance is paid by the employer. And then it is reimbursed by social insurance.

Methods of calculating benefits, timing of payments

All benefits are calculated based on average wages, which is defined as the amount of income, for the two calendar years that precede when the benefit is calculated, divided by the number of days in these years, that is, 730 or 731.

Thus, the average wage per day is calculated, then the amount received is multiplied either by the number of sick leave days, or by 30.4, that is, the average number of days in a month. Then the required percentage is calculated from the amount received.

Benefits are paid in the following terms:

In cases of pregnancy and maternity, the law permits replacement of billing periods, provided that in this case the amount of the benefit will be higher.

In particular, it is allowed to remove from the calculation those periods in which the woman had leave in connection with pregnancy and childbirth or with childcare. And also if her salary was higher in previous years.

If the person to whom the benefit will be paid is employed immediately at two employers, then only one of them will be accrued, at the choice of the employee, and the salary will be taken into account only the one that is accrued from this employer. In order to include in the calculation all the salaries accrued from all employers, you will have to quit one job.

Last changes

Major changes in 2019:

State benefits for children from February 1, 2019 will be indexed by the inflation rate, which will lead to an increase of 4.3%.

In connection with the increase in the minimum wage from January 1, 2019 to 11,280 rubles, the minimum and maximum values of payments for compulsory social insurance have been indexed, including maternity benefits and monthly benefits for caring for a child up to 1.5 years.

Since 2019, the average daily earnings cannot go beyond the extreme boundaries of 370.85 rubles and 2,150.69 rubles (minimum and maximum values). That is, for a normal pregnancy, for 140 days, the amount of the payment must be at least 51,919 rubles and no more than 301,095.2 rubles.

In case of premature pregnancy, BIR leave lasts 156 days, respectively, the minimum will increase to 57,852.6 rubles, the maximum - to 335,506.08 rubles.

In case of multiple pregnancies, the BIR leave is extended to 194 days; for this period, the allowance is provided in the range of 417,231.92 rubles - 71944.9 rubles.

The rules for calculating disability benefits are described in the following video: