1. I received a letter by email “The Social Insurance Fund informs: from 01/01/2019, every citizen has the right to receive social compensation.” What is this?
1.1. These are scammers who sent you a message.
2. How to write an explanatory note to the Social Insurance Fund stating that the employees’ wages are below the minimum wage, because they work at 0.5 rate and what supporting documents need to be attached?
2.1. Application addressed to the bailiff, and attach certificate 2-NDFL.
2.2. Write it that way: in free form in Russian. Attach documents confirming the circumstances referred to in the note. If you have any difficulties drafting a document, you can use the help of any lawyer on the site through personal messages for a fee.
3. I received a letter signed by the FSS of the Russian Federation about payment of compensation. I deleted everything at once, but decided to ask: what is it? The link was to Federal Law of the Russian Federation No. 1789 dated 12/11/18
3.1. Larisa, these are ordinary scammers.
Sincerely.
4. The Social Insurance Fund informs that from 01/01/19 every citizen has the right to receive social benefits. Is this really true?
4.1. Unclear. We are talking about brown payments.
5. The Social Insurance Fund refused to pay sick leave for maternity leave due to the fact that the pregnant employee was hired not long before going on maternity leave. In addition, the contract that was concluded with the employee who was hired in her place erroneously did not indicate that he was hired temporarily. Was it legal to refuse?
5.1. Hello! Illegally refused. The fact that she had not worked before does not deprive her of guarantees in terms of maternity benefits in accordance with Article 14 of the Federal Law of December 29, 2006 N 255-FZ “On compulsory social insurance in case of temporary disability and in connection with motherhood", and refusal to hire a pregnant woman is illegal: so on this basis they could not refuse to hire. And it doesn’t matter that it is not indicated that it is temporary: the new employee has nothing to do with the maternity leaver. It is necessary to challenge illegal actions through the district court. Good luck in resolving your issue!
5.2. This is such a formal refusal to pay, since such a basis cannot generally be accepted, - got a job not long before going on maternity leave, this directly contradicts the Labor Code of the Russian Federation., Criminal Code
Russian Federation, they are inciting you to commit a crime, inciting you. In addition, an error in the order, not indicating that the worker was hired temporarily, cannot in any way be a reason that the rights of a pregnant woman are being infringed. This refusal should be appealed to the court.
6. Where to go if the employer does not submit documents to the Social Insurance Fund to pay maternity benefits.
6.1. Contact the FSS for employer registration and the district prosecutor's office in writing.
7. I need to write a letter to the Social Insurance Fund of the Chechen Republic about changing my last name in the database.
7.1. Hello
Contact any lawyer on the site and they will help you draft a letter.
8. Military service upon conscription is included in the insurance period for calculating sick leave. In our country, the FSS requires that the period of service in the army be removed from the calculation.
8.1. Comes in.
APPROVED
By order
Ministry of Health
and social development
Russian Federation
dated February 6, 2007 N 91
RULES FOR CALCULATING AND CONFIRMING INSURANCE EXPERIENCE TO DETERMINE THE AMOUNT OF TEMPORARY DISABILITY, PREGNANCY AND MATERNITY BENEFITS
(as amended by Orders of the Ministry of Health and Social Development of the Russian Federation dated September 11, 2009 N 740 n, Ministry of Labor of the Russian Federation dated November 15, 2016 N 650 n, dated November 9, 2018 N 692 n)
I. General provisions
1. These Rules, developed in accordance with the Federal Law of December 29, 2006 N 255-FZ "On compulsory social insurance in case of temporary disability and in connection with maternity" (hereinafter referred to as the Federal Law of December 29, 2006 N 255-FZ) , establish the procedure for calculating and confirming the insurance period to determine the amount of benefits for temporary disability, pregnancy and childbirth (hereinafter - the insurance period) for citizens subject to compulsory social insurance in case of temporary disability and in connection with maternity in accordance with the legislation of the Russian Federation (hereinafter - insured persons), including determining documents confirming the insurance period. (as amended by Order of the Ministry of Health and Social Development of the Russian Federation dated September 11, 2009 N 740 n)
2. The insurance period includes:
A) periods of work under an employment contract;
B) periods of state civil or municipal service;
C) periods of other activities during which the citizen was subject to compulsory social insurance in case of temporary disability and in connection with maternity, including:
Periods of activity of an individual entrepreneur, individual labor activity, labor activity on the terms of an individual or group lease, periods of activity of individuals not recognized as individual entrepreneurs (engaged in private practice of notaries, private detectives, private security guards, other persons engaged in private practice in accordance with the legislation of the Russian Federation practice), a member of a peasant (farm) household, tribal, family community of small peoples of the North, Siberia and the Far East of the Russian Federation before January 1, 2001 and after January 1, 2003, for which social insurance payments were paid; (as amended by Order of the Ministry of Labor of the Russian Federation dated November 9, 2018 N 692 n)
Periods of activity as a lawyer before January 1, 2001, as well as periods of said activity for which social insurance payments were paid after January 1, 2003;
Periods of work of a member of a collective farm, a member of a production cooperative, taking personal labor participation in its activities, before January 1, 2001, as well as periods of said work for which social insurance payments were paid, after January 1, 2001;
Periods of exercise of powers by a member (deputy) of the Federation Council of the Federal Assembly of the Russian Federation, a deputy of the State Duma of the Federal Assembly of the Russian Federation, periods of filling government positions of the Russian Federation, government positions of constituent entities of the Russian Federation, as well as municipal positions filled on a permanent basis; (as amended by Order of the Ministry of Health and Social Development of the Russian Federation dated September 11, 2009 N 740 n)
Periods of activity as a clergyman for which social insurance payments were made;
Periods of involvement in paid work of a person sentenced to imprisonment, subject to his fulfillment of the established work schedule, after November 1, 2001.
2.1. The insurance period, along with periods of work and (or) other activities, which are provided for in paragraph 2 of these Rules, includes periods of military service, as well as other service provided for by the Law of the Russian Federation of February 12, 1993 N 4468-1 “On pension provision” persons who served in military service, service in internal affairs bodies, the State Fire Service, agencies for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families"
9. I wanted to ask you:
We are suing the FSS for liability for committing a violation, challenging insurance premiums;
The first instance satisfied partially.
An appeal was filed and rejected.
We filed a cassation appeal, but it was rejected.
Now to court. The collegium of the Supreme Court wants to file a complaint, but I don’t know what to ask, either a new judicial act to be adopted and the old one canceled, or the case for a new consideration in accordance with the AS. thank you in advance.
9.1. To answer your question, you need to familiarize yourself with the available documents. Analyze them and make the appropriate decision. Any lawyer on site will help.
10. I am disabled group 2. The group is indefinite, the IPR is indefinite from 2012, and the FSS requires replacing the IPR with a new one and therefore does not issue rehabilitation means.
10.1. It is impossible to give the correct answer. For example, if your IPR indicates any means of rehabilitation, but does not indicate that for so many years - without a new IPR, with such an indication, they may indeed not issue a new one.
11. We won a lawsuit against a law firm, they cheated me out of money, I sent the lawyer with whom I worked to the FSSP, 2 years have passed, but there are no answers from the bailiffs and this lawyer stopped communicating with me, found himself another job, said that busy. How should I proceed, what should I do next?
11.1. If enforcement proceedings have already been initiated, and the bailiffs do not execute the court decision for some reason, then claims should be made against the bailiffs, and not against the lawyer. You can write a complaint to the FSSP Office for the Rostov region about the bailiff’s inaction.
But I think that this legal firm no longer exists and therefore there is no one to recover from.
12. On challenging the decision of the Social Insurance Fund in court regarding non-payment of insurance premiums. What is better to ask the Supreme Court: to adopt a new judicial act, or to reconsider the case in the appropriate Court of Justice.
12.1. You need to read the documents.
13. As an individual entrepreneur, I deregistered with the tax authorities in December 2018, but I paid insurance premiums for 2019 to the Social Insurance Fund. Can I receive child care benefits in 2019 from the Social Insurance Fund?
13.1. Anna, good afternoon!
If contributions to the Social Insurance Fund for 2018 are paid in full, you are entitled to receive benefits in 2019.
If contributions for 2019 have been paid, the right to benefits arises in 2020.
14. We have been assigned a survivor's pension from the Social Insurance Fund. One child is 13 years old, the other is 17. The pension is accrued within a year. Guardianship does not allow me to withdraw money. It is not clear then what to live on. Dad's money is hoarded, and the children live from hand to mouth. Well, they don’t go hungry, of course, but sweets, for example, or fruit are rare here. I can’t buy them normal clothes, I have to go to sales. Where is the logic? How can I get rid of the guardianship that my father’s money is the same as his salary during his lifetime, thanks to which the children had normal support.
My income is slightly above the minimum subsistence level for us, so we are not recognized as low-income. If it's important.
Thank you.
14.1. You have the right to manage money and at the same time make an annual report on the expenditure of funds...
15. When opening an LLC company, where does the company register besides the pension and social security benefits?
15.1. In tax, compulsory medical insurance, statistics. All registrations are made automatically when the LLC is registered with the tax office.
16. How to correctly formulate an application to the social insurance fund, can I get a preferential voucher this year and if not, then I would like to get honey. return the certificate, since it is issued at the clinic once a year, for submission to the Ministry of Health.
16.1. Write to someone from whom, indicating your address and telephone number. Then write your message in free text. Submit it to the organization. The second copy is marked with acceptance. The review period is 30 days by law. Perhaps they can give you an answer earlier - ask on the spot.
17. The Social Insurance Fund does not pay child care benefits, despite the fact that the entire package of documents has been provided on where to turn for help.
17.1. Contact the head of the FSS in writing, receive a written answer, and you can appeal it to the court if you disagree with it.
18. The child’s father died at work. In addition to the pension and payment from the Social Insurance Fund, is the employer obliged to pay my son something else?
18.1. You can demand compensation for moral damage, especially if there is the employer’s fault and exposure to a source of increased danger; You can also claim lost earnings
Aya Documents Article 184. Guarantees and compensation in case of accident at work and occupational disease
"Labor Code of the Russian Federation" dated December 30, 2001 N 197-FZ (as amended on April 1, 2019)
"" . Guarantees and compensation in case of accident at work and occupational disease
Guide to HR issues. Questions of application of Art. 184 Labor Code of the Russian Federation
""In the event of damage to health or in the event of death of an employee as a result of an accident at work or an occupational disease, the employee (his family) is compensated for his lost earnings (income), as well as additional costs associated with damage to health for medical, social and professional rehabilitation or corresponding expenses in connection with the death of an employee.
“The types, volumes and conditions for providing guarantees and compensation to employees in these cases are determined by federal laws.”
(as amended by Federal Law No. 90-FZ of June 30, 2006)
(see text in the previous “edition”) “Civil Code of the Russian Federation (Part Two)” dated January 26, 1996 N 14-FZ (as amended on July 29, 2018) (with amendments and additions, entered into force on December 30 .2018)
""Civil Code of the Russian Federation Article 1089. Amount of compensation for damage incurred in the event of the death of the breadwinner
""1. Persons entitled to compensation for damage in connection with the death of the breadwinner are compensated for damage in the amount of that share of the earnings (income) of the deceased, determined according to the rules of Article 1086 of this Code, which they received or had the right to receive for their maintenance during his life. When determining compensation for damage to these persons, the income of the deceased, along with earnings (income), includes the pension, lifelong maintenance and other similar payments received by him during his lifetime.
2. When determining the amount of compensation for harm, pensions assigned to persons in connection with the death of the breadwinner, as well as other types of pensions assigned both before and after the death of the breadwinner, as well as earnings (income) and stipends received by these persons to compensate them harm is not counted.
""3. The amount of compensation established for each person entitled to compensation for damage in connection with the death of the breadwinner is not subject to further recalculation, except in the following cases:
the birth of a child after the death of the breadwinner;
appointment or termination of payment of compensation to persons caring for children, grandchildren, brothers and sisters of the deceased breadwinner.
The amount of compensation may be increased by law or agreement.
19. The husband at work is not paid a lump sum at birth. They say that the FSS takes a long time to transfer money. What should I do?
19.1. You most likely have already submitted all the documents, and now you are waiting for funds. Try calling the FSS and clarifying the timing of the transfer of benefits? Otherwise, you had to contact the fund directly yourself.
20. I am an individual entrepreneur. I have never paid contributions to the Social Insurance Fund, I am going on maternity leave in August 2019, can I receive payments for sick leave if I pay the contributions in full for 2019?
20.1. Hello! Yes, such a possibility is provided.
21. My brother died at work. It's just me and my mother from the family. Does the mother have a payment from the Social Insurance Fund? She is retired, but works.
21.1. The mother can receive a survivor's pension if she was dependent on the deceased, that is, his maintenance was the main source of her existence.
22. I am an individual entrepreneur. Please tell me, if on May 7, 2019 I conclude a voluntary insurance agreement with the Social Insurance Fund and immediately pay the premiums for 2019, can I count on paid sick leave for pregnancy and childbirth (the expected date of birth is October 21, 2019)? Maybe I can count on at least part of the payment? If yes, which part?
Is it worth entering into an agreement now? Or does this make no sense? After all, I can receive a one-time benefit and a monthly one from social services. protection.
22.1. Hello Evgenia Yurievna! Thanks for the question,
Article 10. Duration of payment of maternity benefits
1. Maternity benefits are paid to the insured woman in total for the entire period of maternity leave lasting 70 (in the case of a multiple pregnancy - 84) calendar days before childbirth and 70 (in the case of complicated childbirth - 86, for the birth of two or more children - 110) calendar days after childbirth.
2. When adopting a child (children) under the age of three months, maternity benefits are 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, while the mother is on maternity leave until the child reaches the age of one and a half years, she begins maternity leave, she has the right to choose one of two types of benefits paid during the periods of the corresponding leaves.
Article 11. Amount of maternity benefit.
Maternity benefits are paid to the insured woman in the amount of 100 percent of average earnings.
3. An insured woman with an insurance period of less than six months is paid maternity benefits in an amount not exceeding for a full calendar month the minimum wage established by federal law, and in districts and localities in which district coefficients are duly applied to wages, in an amount not exceeding the minimum wage, taking into account these coefficients.
23. Should an individual entrepreneur register with the Pension Fund and Social Insurance Fund in 2019 and pay contributions if he does not plan to hire employees?
23.1. This issue is discussed in sufficient detail, with the corresponding layouts, for example, at this address: http://tbis.ru/ip/chto-delat-posle-registracii-ip
24. The card was seized. We paid through the FSS website. but who will return the money written off from the card?
27. The following question: an individual entrepreneur died, had no employees, did not pay to the Social Insurance Fund, was not a pensioner at the time of death, do we have the right to a funeral benefit? Thank you.
27.1. Under the conditions you specify, the funeral benefit will be paid by the social security authority at your place of residence.
Base.
Federal Law of January 12, 1996 N 8-FZ (as amended on May 23, 2018) “On burial and funeral business”
Clause 3 Part 2 Article 10. Social benefit for funeral.
Anna Dobrolyubova, head of the department for coordinating the activities of the territorial bodies of the Fund for the appointment and implementation of insurance payments, the Department for organizing the provision of insurance payments of the Social Insurance Fund of the Russian Federation, answers the questions.
A fixed-term employment contract has been concluded with the organization. Will I be fired while on maternity leave because the employee who retained his job leaves? What will the benefit amount be?
Alina Bushuev, Moscow
If you are fired while on maternity leave (that is, your fixed-term employment contract will be terminated upon the return to work of the employee who retained the job) and you are classified as unemployed citizens, then the monthly care allowance for the child will be assigned and paid by the territorial social security authority at your place of residence. Your employer needs to send an information letter about the termination of payment of your monthly child care allowance to the branch of the regional branch of the Federal Social Insurance Fund of the Russian Federation at your place of registration in connection with the termination of your employment relationship.
Additionally, we inform you that currently the minimum amount of benefits for caring for the first child is 2908 rubles. 62 kopecks, for the second child - 5817 rubles. 24 kopecks
Is personal income tax withheld from maternity benefits and monthly child care benefits?
Maria Sergeeva, Tambov
According to paragraph 1 of Art. 217 of the Tax Code of the Russian Federation, monthly child care benefits and maternity benefits are not subject to taxation.
Is maternity leave included in the insurance period?
Svetlana Ivanova, Tver
According to Order No. 91 of 02/06/2007 “On approval of the rules for calculating and confirming the insurance period to determine the amount of benefits for temporary disability, pregnancy and childbirth,” the insurance period includes:
- periods of work under an employment contract;
- periods of state civil or municipal service;
- periods of other activities during which a citizen was subject to compulsory social insurance in case of temporary disability and in connection with maternity.
Periods of maternity leave, as well as child care leave, are taken into account in the insurance period, since during this period the employment contract continues (Letter of the Federal Social Insurance Fund of the Russian Federation dated 08/09/2007 No. 02-13/07-7424) .
The organization has a period of downtime because it is undergoing renovations. I brought a sick note during the downtime. How will sick leave be paid if temporary disability occurred during downtime and ended at the same time?
Margarita Veselova, Murmansk
According to clause 1.5 of Art. 9 of the Federal Law of December 29, 2006 No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity”, benefits for temporary disability during downtime are not assigned.
Since temporary disability in your case began and ended during a period of downtime, you will not be awarded benefits.
At my main place of work, I am on maternity leave for up to one and a half years, but I continue to work as a part-time worker in another organization. Which employer must pay temporary disability benefits due to a child’s illness?
Alina Brazhnikova, Kostroma
In this case, a sick leave certificate must be issued for presentation at a part-time job, since it is there that you require release from work (clause 23 of the Procedure for issuing certificates of incapacity for work, approved by order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n). At the main place of work, in accordance with paragraph 22 of Order No. 624n, the employee is not entitled to a certificate of incapacity for work. At the same time, when issuing a certificate of incapacity for work, the doctor in the line “primary/part-time” emphasizes “part-time”. The benefit must be paid by the employer where the employee works on an external part-time basis, from the earnings accrued at this place of work.
My husband died in Germany during a business trip. On the basis of what documents should social benefits for funerals be paid in such a situation?
Milana Petrova, St. Petersburg
In accordance with Part 2 of Art. 10 of Federal Law No. 8-FZ of January 12, 1996, payment of social benefits for funerals is made on the basis of a death certificate. Moreover, this certificate is issued by the civil registry office in the event of the death of a citizen on the territory of the Russian Federation. Germany and the Russian Federation are states that signed on October 5, 1961 the Convention Abolishing the Requirement for Legalization of Foreign Public Documents (hereinafter referred to as the Convention).
Article 2 of this Convention provides that each of the contracting states exempts from legalization documents covered by this Convention and which must be presented on its territory.
According to Article 3 of the Convention, the only formality that can be required to certify the authenticity of the signature, the quality in which the signatory acted and the authenticity of the seal or stamp affixed to the document is the affixing of the apostille provided for in Article 4 of the Convention by the competent authority of the State in which which this document was executed.
Thus, in this case, the assignment and payment of social benefits for funerals must be carried out on the basis of an international death certificate with an apostille.
Can I count on benefits for caring for a child up to one and a half years old if I became a guardian and registered guardianship on a paid basis?
Daria Vasilchenko, Rostov
Yes you can. Not only relatives, but also guardians who actually care for the child have the right to such benefits (Part 1, Article 11.1 of Federal Law No. 255-FZ of December 29, 2006). The fact that guardianship is paid does not matter. After all, the guardianship and trusteeship authority can enter into an agreement with the guardian on a paid basis. This is a foster family agreement.
The child turns 7 years old this year. How many days will be paid for sick leave, 60 or 45?
Marina Zemtsova, Novorossiysk
In accordance with Part 5 of Art. 6 of the Federal Law of December 29, 2006 No. 255-FZ, for the illness of children under 7 years of age, from 7 to 15 years old and from 15 to 18 years old, a different limit of paid days for caring for them is established during the calendar year. If a child turns 7 during the year, then the age is determined at the beginning of the year. That is, the maximum limit of paid days is taken according to the child’s age at the beginning of the year, but not more than 60 calendar days per year, if he does not have other diseases.
Can I, as the father of a child, studying as a student in paid courses at a university, count on payment of a lump sum benefit upon the birth of a child, since the mother does not work or study anywhere?
Petr Zubilov, Novgorod
Regulatory legal acts establish the right of persons studying on a paid or free basis in educational institutions of primary, secondary and higher vocational education and institutions of postgraduate vocational education to receive a one-time benefit upon the birth of a child in these educational institutions. Paid educational courses do not apply to the listed types of institutions.
At the same time, since the child’s mother does not work or study, a lump sum allowance for the birth of a child can be assigned to her and paid by the social protection authority at the place of residence (registration).
The employee is on maternity leave to care for a child up to 1.5 years old and works 7 hours a day. Does she have the right to sick pay if her child gets sick?
Sergey Primoriev, Vladivostok
A woman who is on maternity leave and works part-time has the right to simultaneously receive a monthly allowance for caring for a child up to 1.5 years old, and a temporary disability benefit for caring for this child. The current legislation does not contain any restrictions on the payment of sick leave for part-time workers (Article 93 of the Labor Code of the Russian Federation).
Am I entitled to sick leave to care for a disabled child during his hospitalization for a planned operation?
Olga Petrenko, Kaliningrad
A certificate of incapacity for work is issued for caring for a disabled child under the age of 15 years - during outpatient treatment or the joint stay of one of the family members with the child in an inpatient medical institution for the entire period of an acute illness or exacerbation of a chronic disease (clause 35 of the Procedure for issuing certificates of incapacity for work , approved by order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n).
The need for medical care or observation is determined by the attending hospital physician.
I was injured while intoxicated. I was paid sick leave at the minimum rate. It is legal?
Semyon Obitaev, Chita
The grounds for reducing the amount of temporary disability benefits are:
- violation of the regimen prescribed by the attending physician;
- failure to appear without a good reason at the appointed time for a medical examination or a medical and social examination;
- illness or injury resulting from alcohol, drug or toxic intoxication.
If there are grounds for reducing the temporary disability benefit, the benefit is paid to the insured person in an amount not exceeding the minimum wage for a full calendar month.
I'm on prenatal leave, I broke my leg. Will I be paid sick leave for my injury?
Irina Gladkikh, Irkutsk
In this case, you will not be paid sick leave, since the injury occurred during maternity leave.
Sick leave can only be issued if, after the end of your vacation, you continue to be ill (clause 22 of the Procedure for issuing certificates of incapacity for work, approved by order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n).
Temporary disability benefits are not assigned during the period the employee is released from work with full or partial retention of wages in accordance with the law (Article 9 of Federal Law No. 255-FZ of December 29, 2006).
After my illness, I submitted an application for benefits and sick leave to my employer. A month has already passed, and the employer has not submitted the information to the Social Insurance Fund. What should I do?
Mikhail Vyrupaev, Kolomna
In case of violation of the deadlines for transferring documents to the Social Insurance Fund, which is 5 calendar days from the moment of receiving them from the employee, you can contact the supervisory authorities: the prosecutor's office, the court, the State Labor Inspectorate.
It is important for the employee to put the date on the application for payment of benefits at the time of transfer of documents to the accounting department of the enterprise. If this is not done, the employer can set a later date that is convenient for him, and 5 calendar days will be counted from it.
When going to court, the employee has the right to demand that the employer submit documents to the Social Insurance Fund and collect interest from the employer in connection with the late application for benefits.
The Prosecutor's Office and the State Labor Inspectorate may bring the policyholder to administrative liability.
Therefore, if a woman works part-time, the benefit is calculated from the average earnings of the insured person, calculated for the two calendar years preceding the year of temporary disability. Only if she had no earnings or the average earnings calculated for these periods, calculated for a full calendar month, are lower than the minimum wage, then the benefit should be calculated in accordance with part 1.1. Article 14 of Federal Law No. 255-FZ.
How many times is an accountant required to recalculate the amount of benefits if an employee brings certificates from other places of work?
Stanislav Gorobchenkov, Ekaterinburg
Part 2.1 of Article 15 of the Federal Law No. 255-FZ provides that if the insured person, on the day of applying for benefits for temporary disability, pregnancy and childbirth, monthly child care benefits, does not have a certificate (certificates) of the amount of earnings necessary to assign these benefits in in accordance with parts 5 and 6 of Article 13 of Federal Law No. 255-FZ, the corresponding benefit is assigned on the basis of information and documents submitted by the insured person and available to the policyholder (territorial body of the insurer). After the insured person provides the specified certificate (certificates) on the amount of earnings, the assigned benefit is recalculated for the entire past time, but not more than for three years preceding the day the certificate (certificates) on the amount of earnings was provided.
Thus, the accountant is obliged to recalculate as many times as the employee brings certificates within a three-year period.
Can a pregnant woman work during maternity leave, will she lose her benefits?
Natalya Sidorenko, Syktyvkar
Maternity benefits are assigned and paid while a woman is on maternity leave. Benefit - compensation for lost earnings due to vacation. If a woman, having the right to leave, continues to work, then there are no grounds for paying her maternity benefits for the period of work that coincided with the leave period (Federal Law of July 16, 1999 No. 165-FZ “On the Basics of Compulsory Social Insurance ").
The account to which benefits were transferred to me for up to 1.5 years is no longer valid. A new one has been opened. What should I do?
Anna Selyaninova, Moscow
You need to write an application, indicating new bank details. After this, the employer must provide the information received from you to the branch of the Social Insurance Fund at the place of registration. Subsequent payments will be made by transferring funds to a new bank account.
My son is 10 months old. I'm about to return to work from maternity leave on a part-time basis. Will I be paid for sick leave if I or my child gets sick?
Anastasia Grigorieva, Petrozavodsk
The law does not provide for restrictions. If you go to work part-time, you will receive child care benefits, and you will be paid sick leave in case of illness of you or your child (Article 43 of the Order of the Ministry of Health and Social Development of the Russian Federation dated December 23, 2009 No. 1012n “On approval of the Procedure and conditions for the appointment and payment of state benefits to citizens with children”).
In the event of the birth of twins, is it possible to provide parental leave to both the mother and another relative who is actually caring for the children?
Galina Zagoruiko, Nizhnevartovsk
In accordance with Art. 256 of the Labor Code of the Russian Federation, leave to care for a child until he reaches the age of three years can be fully or partially used, in addition to the woman herself - the mother of the child, by his father, grandmother, grandfather, as well as another relative or guardian actually caring for him ( parts 1 and 2). There may be different persons on maternity leave for different children, i.e. each of the twins. For example, for one child, leave can be issued by the mother, and for another - by the working grandmother.
Do surrogate and biological mothers have the right to receive sick leave for pregnancy and childbirth?
Larisa Shestopalova, Ulan-Ude
A certificate of incapacity for work for pregnancy and childbirth is issued to the “surrogate mother” in accordance with clause 46 and clause 52 of the Procedure for issuing certificates of incapacity for work dated June 29, 2011 No. 624n. The issuance of a certificate of incapacity for work to the “genetic mother” (biological) during surrogacy is not provided for by law.
I had a baby. The husband does not work and is not registered with the employment center. What certificates will he need to provide so that I can receive benefits for the birth of a child and for caring for a child up to 1.5 years old?
Lyubov Dmitrieva, Nizhny Novgorod
To assign benefits, you will need to provide certificates from the social protection authorities at your husband’s place of residence stating that benefits for the birth of a child and for caring for a child under 1.5 years of age were not assigned (clause 28, clause 42 of the Order of the Ministry of Health and Social Development of the Russian Federation dated December 23 .2009 No. 1012n “On approval of the Procedure and conditions for the appointment and payment of state benefits to citizens with children”). Certificates are issued for each benefit separately.
I was calculated and paid maternity benefits for 140 days. But I had a caesarean section and extended my sick leave for 16 days. Tell me how to count 16 days. How's the new sick leave? Is the employer paying for the first 3 days?
Elena Petrova, Moscow
Maternity benefits are paid in total for the entire period of maternity leave lasting 70 (in case of multiple pregnancy - 84) calendar days before birth and 70 (in case of complicated childbirth - 86, for the birth of two or more children - 110) calendar days after childbirth (Federal Law No. 255-FZ of December 29, 2006 “On compulsory social insurance in case of temporary disability and in connection with maternity”). An additional certificate of incapacity for work (16 days) is a continuation of the insured event (maternity leave) and is paid by the Social Insurance Fund.
I'm on maternity leave. Our company recently increased its salary. Will my monthly child care allowance be increased to 1.5 years?
Ekaterina Zalikhvatova, Biysk
In your case, the amount of your monthly child care benefit will not increase. The amount of benefits for working women is 40% of the average earnings for the 2 years preceding the year of maternity leave for up to 1.5 years (Article 15 of the Federal Law of the Russian Federation of May 19, 1995 No. 81-FZ “On state benefits to citizens having children").
Is it possible to replace only one year for calculating maternity and child benefits? How many days do you need to be on maternity leave or parental leave before a year can be replaced?
Maria Popova, St. Petersburg
If in two calendar years immediately preceding the year of the insured event, or in one of the specified years, the employee was on maternity leave and (or) child care leave, the corresponding calendar years (calendar year), at the request of the benefit recipient, may be replaced for calculating average earnings by previous calendar years (calendar year), if this leads to an increase in the amount of benefits (Federal Law of the Russian Federation No. 255-FZ of December 29, 2006).
In 2016, earnings for 2014 and 2015 are taken into account. An employee may request to replace both 2014 and 2015, or only 2014 or only 2015.
It is possible to exclude a particular year even if the employee was on maternity or child care leave for one day a year.
I am an individual entrepreneur, in October 2014 I registered with the Social Insurance Fund for voluntary insurance. Can I count on maternity benefits in July 2015? Do I need to pay insurance premiums for the remaining months of 2014?
Natalya Poselkovaya, Norilsk
Policyholders who voluntarily registered with the Social Insurance Fund of the Russian Federation pay insurance premiums based on the cost of the insurance year (Part 3, Article 4.5 of Law No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity”). Moreover, regardless of the date of entry into a voluntary relationship, the condition for receiving benefits is the payment of insurance premiums for the previous year in full. For 2014, the amount of the insurance premium for the year is 1933 rubles.
Therefore, if you entered into a voluntary relationship with the Social Insurance Fund of the Russian Federation in October 2014 and paid 1933 rubles, then you have the right to benefits in 2015 and do not need to pay additional insurance premiums for the remaining months of 2014.
How to obtain a 2-NDFL certificate about the amount of money paid during the period of parental leave?
Svetlana Onishchenkova, Orel
You can obtain a certificate of income (benefits paid from the funds of the Social Insurance Fund of the Russian Federation) at the branch of the Fund at the place of registration of your employer.
The certificate is of a declarative nature.
There are several ways to obtain help:
- You can personally contact the branch at the place of registration of the employer.
- Send an application for the required certificate to the branch at the place of registration of the employer by mail or email.
- Your representative can contact the place of registration of the employer with a power of attorney, executed in simple written form, to obtain such a certificate.
An application for a certificate of the amount of benefits paid must be completed in any form indicating the full name, SNILS, passport data, full name of the employer, and residential address.
A certificate of income is prepared within three days from the date of submission of the application.
If it is impossible to receive the certificate in person, it will be sent to you by registered mail with notification.
Every month I received child care benefits on the 3rd-5th. This month is the eleventh. When should benefits be paid?
Natalya Seliverstova, Orenburg
Payment of a monthly allowance for the care of a child up to one and a half years old to working citizens of the Nizhny Novgorod region is made in the current month from the 1st to the 15th of the previous month.
These deadlines are regulated by Decree of the Government of the Russian Federation dated April 21, 2011 No. 294. Linking a specific recipient to a specific date is not provided.
Arranging financial assistance for people is one of the main sources of funds along with wages, especially if the person is disabled. They are accrued in the organization where the citizen is officially employed, when the employer makes the calculation and sends the information to the insurance organization.
In some regions of the Russian Federation, innovations are being introduced related to the provision of activities involving social assistance and support through direct payments from the Social Insurance Fund, without the participation of the employer with whom the person is employed.
What is meant by direct payments to the Social Insurance Fund?
The state is committed to facilitating the mechanism for receiving benefits, so in some areas it is practiced to charge direct payments within the limits of compulsory insurance. Previously, the provision was implemented according to a complex scheme, when the employer had to give the amount required by accounting calculations to a person from his payroll fund, and then reimburse this money to the insurance institution.
Today, this method of assigning benefits is simplified. It is enough for a citizen to independently contact the Social Insurance Fund, where the calculation is made in accordance with the law. Funds are paid not as from the employer on the day the salary is transferred, but within ten days from the date of execution of a written request for the transfer of money and provision of information.
The project has been in effect since 07/01/2011, has already been distributed in 33 territories, and 6 districts have been added to them since 07/01/2018. Payment of benefits is regulated PP number 294, valid from 21.04. 2011.
Benefits of direct payments
In the future, government agencies plan to transfer all regions to this mechanism, when the Social Insurance Fund calculates and issues benefits to temporarily disabled citizens independently.
This system has the following advantages:
- funds are transferred in full;
- the amount of payments is guaranteed to the applicant without taking into account the financial condition of the organization where he was officially employed and carried out professional activities;
- convenient ways to receive;
- absence of difficulties in communicating with the manager regarding the accuracy of amounts and accounting calculations;
- When applying to the Social Insurance Fund, a person is guaranteed the transfer of the due benefit in 100% of cases, provided that the package of necessary papers is collected in full, and the data contained in it confirms the fact of incapacity for work.
IMPORTANT! The applicant is entitled to funds only if he made contributions to the Social Insurance Fund, that is, he officially worked in the organization, and the employer sent monthly amounts for each employee.
Explanations from the Social Insurance Fund regarding direct payments
As a supplement to the Government Resolution defining the basis for the provision of maintenance, the government agency issued information explaining to potential recipients the specifics of the implementation of the FSS “direct payments” pilot project.
It says: the purpose of the adoption of the Resolution is to improve the financial situation of people who need to calculate benefits in a simplified mode and employers who take on this responsibility, paying money from their budget, and then reimbursing them through the insurance body. The information indicates the types of benefits, the mechanism for their calculation and issuance.
Types of benefits
Payment of insurance coverage when sending application information is carried out by fund branches in the constituent entities. They have the right to issue money after the applicant submits data on the following types of benefits:
- upon the onset of temporary disability (for expectant mothers, people exposed to injuries in the event of emergency situations);
- maintenance due during pregnancy and after childbirth (in case of visiting a gynecologist up to 12 weeks, a one-time allowance after childbirth, for care up to 1.5 years).
ATTENTION! These types of benefits at the expense of the Social Insurance Fund for a one-time transfer are paid no later than ten calendar days from the date of execution of the application document. And in the case of a monthly transfer, they are transferred to the recipients’ accounts from the first to the fifteenth of each month.
The procedure for calculating benefits for mothers with children and pregnant women
The system for registering support measures due to disability due to pregnancy and childbirth is beneficial in provision and involves the work of only 2 entities - the applicant and the Social Insurance Fund. Specialists from the competent institution calculate maternity benefits taking into account the woman’s average monthly earnings for the last 2 years of work.
For all regions, the calculation method is the same; it should be equal to 100 percent of the mother’s average monthly earnings. It is calculated this way:
- in order to obtain the average salary, it is necessary to divide the amount received for the previous 2 years of work by the number of days actually worked during the same period;
- the amount of payments is calculated by multiplying the average earnings per day during the last 2 years of work by the number of days the woman is on maternity leave.
Thus, the specialist receives the amount required to be transferred to the applicant monthly. The sizes of other species (for early registration, after 30 weeks of pregnancy, up to 1.5 years) are established Federal Law No. 81, in force since May 19, 1995, they do not need to be calculated.
Registration procedure
The employer is also interested in a simplified mechanism for providing payments, so the legislation one way or another attracts him to this scheme. But not by making their own expenses, but by transferring data about expectant mothers preparing to go on maternity leave, for whom benefits are required to be transferred.
The registration method is the same for all subjects and consists of the following actions:
- the organization keeps personnel records of workers who pay monthly insurance premiums, makes a selection of citizens who are entitled to receive maintenance in the next month;
- these citizens fill out applications requesting the accrual of benefits;
- the institution sends complete packages of documents for each person;
- Applications are reviewed at the competent institution, and money is transferred to personal accounts.
ADVICE! Not all companies are responsible in providing data to the insurance institution. If the company refuses, the woman can apply on her own. If the package of documents is incomplete, the insurer may make inquiries to the departments.
List of required documents
If you want to apply for support measures, you should know what documents for payment of benefits need to be sent for their calculation and execution:
- citizen's statement;
- register of expenses taking into account paid insurance benefits (from the employer);
- calculation of accrual of amounts according to the established form 4-FSS (from the employer);
- documents confirming expenses (certificate of incapacity for work, if employed less than 6 months ago - order of enrollment, copy of work record book, contract).
If the organization employs more than twenty-five people, the employer submits information in the form of an electronic declaration.
Regions of direct payments
- Nizhny Novgorod Region.
- Karachay-Cherkess Republic.
A year later, in 2012, 5 regions and 1 region joined them:
- Tambovskaya.
- Novosibirsk.
- Novgorodskaya.
- Astrakhan.
- Kurganskaya.
- Khabarovsk region.
In 2015, 3 regions and 2 Republics underwent innovations:
- Crimea.
- Tatarstan.
- Samara.
- Belgorodskaya.
- Rostovskaya.
In 2016, the system included 1 Republic and 5 regions:
- Mordovia.
- Kaliningradskaya.
- Bryansk.
- Ulyanovskaya.
- Lipetskaya.
- Kaluzhskaya.
In 2017, the new order was adopted by 4 Republics, 2 territories, 7 regions:
- Adygea.
- Kalmykia.
- Buryatia.
- Altai.
- Altaic.
- Seaside.
- Magadan.
- Tomskaya.
- Jewish.
- Orlovskaya.
- Omsk.
- Amurskaya.
- Vologda.
Since 2018, work has been carried out taking into account innovations in 2 regions and 4 Republics:
- Kostroma.
- Kurskaya.
- Kabardino-Balkarian.
- Karelia.
- Tyva.
- North Ossetia.
This list is updated annually, and the result of a complete transition to a system of direct payments through the Social Insurance Fund is gradually being achieved.