Mom went to work. How to maintain your right to receive child care benefits

Working hours

Companies have recently practiced slightly reducing working hours for women on maternity leave. However, the Social Insurance Fund insisted that such a reduction is not considered part-time work. The courts sided with the Social Insurance Fund and confirmed that despite the fact that the legislation does not contain certain limits on time reduction, many employers reduce working hours by only a few minutes in order to receive benefits from the Social Insurance Fund in the form of additional income, and not as compensation for lost earnings.

Currently, an employer does not have the right to set a young mother a certain number of hours of work under part-time conditions. Employers are required to negotiate with the employee about “safe” working hours according to the rules established by the FSS (Letter of the FSS of Russia No. 02-03-13/08-2498). You can offer an employee who worked a 40-hour week before maternity leave to reduce her working day by 1 hour.

Important! It will be safe for the employer to reduce the working day by no less than 1 hour, and the week – by no less than 1 day.

Thus, the FSS insists that the working day established for a young mother should be shortened not by a few minutes, but by hours. Moreover, such a reduction in working hours must occur on every working day of the week. It is also permissible to reduce the number of days in the working week, but leave the length of the working day the same.

The employer has no right to set requirements for an employee; a young mother has the right to refuse such working conditions (

Procedure for registering for part-time work

Before an employee is allowed to return to work, it is necessary to agree on working conditions with her. To return to work, the employee will need to write a statement in which she will indicate the desired mode of work.

Important! A young mother can go to work at any time during her vacation.

The employer reviews the employee’s conditions specified in the application and adjusts them if they contradict the production conditions established in the company. For example, the production process in a company starts at 9:00 a.m., and the employee in her application indicates working hours from 12:00 p.m.

Having approved the working hours, you will need to draw up an additional agreement to the employment contract. It specifies the duration of such working conditions. They may end with the end of the young mother’s vacation (from the moment the child turns 3 years old), or if the employee herself decides to change her working conditions part-time. The additional agreement specifies the employee’s work schedule and payment procedure, which is made depending on the time worked.

After this, an order is issued to work on a part-time basis.

Procedure for calculating maternity leave for part-time work

The procedure for assigning and calculating maternity benefits is enshrined in Art. 12-14 of Law 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity.”

The calculation of benefits for an employee with reduced working hours depends on:

• her earnings in the two years preceding the maternity leave;
• length of service at the time of maternity leave.

Depending on the length of service and earnings, there are 3 situations in which benefits are calculated differently:

• have earnings and experience;
• I have experience, but my earnings are small;
• less than 6 months of experience.

Let's consider the procedure for calculating maternity benefits in each situation.

Employer's refusal to shorten the working day by a few minutes

If an employee insists on shortening her working day by just a few minutes, then the employer has no right to refuse her. It is important to maintain the payment of benefits, otherwise the State Tax Inspectorate may be fined for violation. Fear of disputes with the Social Insurance Fund is not a reason for refusing to shorten an employee’s working day by a few minutes. However, in our opinion, the employer and employee in this case must find a compromise so that there are no claims from social insurance or the labor inspectorate, and it is convenient for the young mother to carry out her work duties (

Long business trip

Whether or not she will retain the right to benefits or lose it will depend on how long the business trip on which the young mother is sent will depend.

While on a long business trip, which lasts more than 1 month, a young mother cannot care for her child. If the employer does not stop independently paying the employee benefits, then the Social Insurance Fund may refuse to pay. This rule applies only to long business trips and does not apply to business trips of several days.

It is important to inform the employee about the possibility of refusing a business trip. This must be done in the following way: the employee is sent a proposal for a business trip, which indicates its duration, goals and the possibility of refusal. This rule also applies to other persons raising a child under 5 years of age without a mother (father, guardian or other relative).

In addition, the employee must be informed that she will lose the right to receive benefits during a long trip (more than 1 month). If the employee agrees to this condition, she will need to interrupt her vacation for the duration of the trip. To do this, you need to write an application for early leave from vacation.

After this, a business trip order is issued, which indicates that the employee’s maternity leave is suspended for the period of the trip, and the payment of benefits is stopped.

Is it possible to work during maternity leave for up to 1.5 or 3 years?

To answer this question, you need to refer to Article 256 of the Labor Code of the Russian Federation, which talks about the rules for granting parental leave.

This article talks about the following:

• the decree can be used in parts;
• It is possible to work part-time while on maternity leave.

The first statement says that you can go on maternity leave, then interrupt it, return to work, and then take leave again. The number of parts is not limited. Theoretically, an employee can interrupt his vacation with full-time work an unlimited number of times and go on it again - details here.

As for the second statement, it confirms that it is possible to combine work with maternity leave, but only if the conditions for working part-time are met.

Important: an employee cannot work full time and be on maternity leave at the same time. To maintain maternity leave and benefits for up to 1.5 years, you need to go part-time.

At the same time, the concept of “part-time” means that the employee must work less than the standard working day or week. For example, you can go part-time or work 3 or 4 days a week instead of 5.

When making decisions about working part-time, you need to discuss this point with the employer, agree on the duration of the work shift, and the number of working days per week.

It is also important to understand that you can ask an employer to leave on a part-time basis if the characteristics of the employee’s position allow him to work on a reduced schedule.

Is it possible to work from home?

Article 256 of the Labor Code of the Russian Federation also contains the possibility of combining maternity leave for up to 3 years with working from home.

Again, such an opportunity exists if the maternity leaver can perform her job duties outside the workplace. Almost every position has such an opportunity.

For example, if a woman worked as a salesperson before going on maternity leave with a child, then she cannot ask to work from home in this position.

It may be possible to negotiate with the employer about a temporary transfer to another position that allows you to work at home.

What documents need to be completed?

It makes sense to return from leave to part-time working conditions if the child is not yet 1.5 years old and a monthly maternity benefit is paid for him.

When returning to work on a reduced schedule, the child’s parent continues to receive maternity benefits, but also has the opportunity to receive wages in accordance with the time worked.

Often this opportunity is used by the father of a child whose income was higher than that of the mother. The husband arranges care for up to 1.5 years, he is assigned an allowance based on his earnings. Next, he asks for a part-time job and receives an additional salary.

At the same time, the child’s mother can also, if she wishes, return to work and receive wages there.

As a result, the total income in this situation turns out to be higher than when taking leave for a wife with a lower income and the father receiving a salary for a full day.

It is necessary to compare which option will be beneficial for the family.

To apply for part-time work while on maternity leave, the following documents are required:

• statement from the employee;
• order from the employer.

Initially, an employee on maternity leave writes a statement, which serves as the basis for issuing an order.

In the order, the manager orders the accountant to continue paying the monthly allowance and pay the employee according to the hours worked on a part-time or weekly basis.

Download samples

Download an application for part-time leave from being on parental leave - sample.

Download an order for an employee to work on a part-time basis - sample.

Applying for father's benefits

During a long business trip for a young mother, the benefit can be issued to another family member, for example, to the father. To do this, dad will need to apply for parental leave at his place of work. In addition, he will need to provide a certificate from his mother’s place of work stating that she does not use vacation and does not receive benefits.

For a young mother, you need to make an entry in your personal card. It indicates the start date of the business trip, its end date and the total number of days of the trip. In addition, the number and date of the order, which was the basis for the business trip, is indicated.

Important! After the end of the business trip, payment of benefits can be resumed.

Annual leave

If a young mother works on maternity leave, she has the right to annual paid leave (Rostrud letter No. PG/8139-6-1). She can use it after the end of maternity leave, since, according to labor legislation, a young mother does not have the right to use two types of leave.

If there is a need for annual leave, the employee has the right to take it, while interrupting her maternity leave. To do this, she writes a statement where, in addition to a request for annual leave, she asks to interrupt her maternity leave. Based on this application, an order is issued and a corresponding entry is made in the employee’s personal card. Payment of benefits during vacation stops and resumes when it ends.

The legislative framework

Can an employer refuse?

Article 256 of the Labor Code of the Russian Federation states that during the period of caring for a child under 3 years old, at the request of an employee, you can work part-time or from home.

If the employer has received such a statement from the maternity leaver and can provide appropriate working conditions, then he must do so.

If this is not possible, then the application should still be accepted and a response should be provided in writing explaining why the employer cannot satisfy the applicant’s request. Perhaps the working conditions in the organization or the specifics of the maternity leave position cannot in any way allow the required work schedule to be provided.

We suggest you read: What is the salary during maternity leave?

Useful video

New amount of maternity benefits in 2021-2021

Financial assistance to pregnant and postpartum women is paid to everyone who has officially completed the necessary documents. To do this, you must submit a certificate of incapacity and an application to the personnel department at the place of employment. The period itself involves two parts, which are calculated by the gynecologist from the officially calculated date of birth of the child.

Women are not the same for one reason or another, so the length of periods differs. For example, for adoptive parents these terms are usually reduced, but the amount of payments for women who give birth depends on them. Even in this period, the calculation of possible maximums and minimums is implied.

The possible maximum for children depends on the maximum amounts of payments to the Social Insurance Fund made by employers. New limits were approved in 2021, so benefit amounts have also changed. For women on maternity leave this year, the maximum is 322 thousand 192 rubles, and the amount of additional payment for care is 27 thousand 985 rubles. To date, there is data on additional payments even for 2021. However, for the next period there will be some limits that should be taken into account by those planning to have children. They concern official earnings.

Minimum amount of maternity benefit

The additional payment for women who have given birth, like any other sick leave, depends on the earnings during the billing period. The calculation itself cannot be less than the minimum wage - the minimum wage. In 2021, this amount is equal to 12 thousand 130 rubles, and based on it, you can calculate the average daily earnings - 398 rubles. 79 kopecks. Already from this value you can find out the possible minimum in 2021, which will be equal to:

• 55 thousand 830 rub. 60 kopecks in 140 days.
• 62 thousand 211 rubles. 24 kopecks in 156 days.
• 77 thousand 365 rub. 26 kopecks in 194 days.

It is worth noting that payments for women who give birth should not be paid to men. Representatives of the stronger half of humanity can take days off related to caring for a newborn. Grandma can also claim the same money and weekends.

Maximum amount of maternity benefit

This issue is relevant for women with an official income of 70 thousand rubles monthly. Moreover, this value must be maintained over the last two years of work. Large amounts in excess of this earnings are not compensated in any way, since the maximum, like the minimum, is established by law. In practice, the maximum possible amounts look like this:

• 322 thousand 191 rubles 80 kopecks. in 140 days.
• 359 thousand 013 rubles 72 kopecks. in 156 days.
• 446 thousand 465 rubles 78 kopecks. in 194 days.

Any amount of maternity benefit can be calculated independently using a special calculator on the Social Insurance Fund website. However, this method will require complete information on the specific case. The more information you need, the more accurate the result you can get. To do this you need to know:

1. Average income for 2 years.
2. The current minimum wage.
3. The largest amount of subsidy.

If a woman is going on maternity leave in 2021, she can count on receiving from the Social Insurance Fund no less than 55 thousand 830 rubles and no more than 322 thousand 192 rubles. Women with a salary of more than 70 thousand rubles who do not want to lose money are better off continuing to fulfill their duties until the birth. Regular earnings instead of payments will be more significant support. Receiving two payments at the same time is not provided for by law.

BiR allowance if you have work experience but little income

In this case, the benefit is calculated using two formulas:

• in general (which we discussed above) - for 2 years preceding the year of maternity leave;
• according to the minimum wage - but with certain nuances.

To calculate maternity leave according to the minimum wage, we use the following formula:

(minimum wage x 24: 730) x DO: 2

Where:

The minimum wage is the value established by Art. 1 of Law No. 82-FZ of June 19, 2000, as of January 1 of the year in which the employee goes on maternity leave (as of January 1, 2020, the minimum wage is 12,130 rubles);

24 - number of months for two accounting years;

730 - fixed value equal to the number of days in two calculation years;

DO - number of days of maternity leave.

After both calculations are completed, the benefit that is larger is selected and is paid to the employee.

Let's look at an example:

Employee of LLC “Kadrovik” Romanova A.V. pregnant with one child, the birth was without complications. In 2021 and 2021, I worked under an employment contract and had a small income:

• 2018 — 112,840 rub.
• 2019 — 124,300 rub.

We calculate the allowance using two formulas:

• Based on average earnings.

Amount of benefit for SDZ: (112,840 + 124,300: 730) x 140 = 45,478.90 rubles.

• According to the minimum wage.

Amount of minimum wage benefit: (12,130 x 24: 730) x 140 = 55,831.23 rubles.

Since maternity leave according to the minimum wage is greater than the benefit calculated based on average earnings, Romanova will receive 55,831.23 rubles.

If the employee has no income at all, the benefit is calculated only on the basis of the minimum wage.

New amount of child care benefits in 2021-2021

Payments related to caring for a newborn child and up to 1.5 years of age also depend on the payment base in the Social Insurance Fund. Average earnings over two years and restrictive indicators for enterprises are also important here. On average, those who are on vacation receive approximately 40% of their income.

Daily earnings two years before the start of the weekend* 30.4. The maximum value is usually known, as it is calculated based on indicators for the two previous periods. The amount for a month of parental leave in 2021 and 2021 is easy to find out on your own, but the possible minimum depends on the minimum wage:

• Minimum wage*40%.

For example, with a monthly salary of 30 thousand rubles, the payment for care from 2021 will be 40% or 12 thousand rubles. The woman who gave birth will receive this money from the Social Insurance Fund. If you earn 100 thousand a month, the maximum will be 27 thousand 984 rubles, although this is less than 40%.

Knowing these features, you can foresee in advance the issue of other relatives going on vacation. For example, sometimes it is more profitable for dad or grandmother to leave. Mom can stay on and work half-time. In this case, it is sometimes possible to keep both your earnings and the full amount of the additional payment.

It is easier to present the minimum and maximum values ​​for care up to 1.5 years in a table:

Birth allowance if the experience is less than 6 months

In this case, the benefit is calculated in two stages:

• We calculate SDZ based on the minimum wage for each month of maternity leave.

To do this, we determine how many calendar days there are in each maternity month (it doesn’t matter whether it’s full or not). We take the minimum wage as of January 1 of the year in which the employee goes on maternity leave. We calculate the SDZ for each month: divide the minimum wage by the number of calendar days of each month.

• We determine SDZ based on the minimum wage for the 2 years preceding the year of maternity leave.

To do this we use the formula:

Minimum wage x 24: 730

After carrying out these calculations, we take the smallest value for each month and multiply it by the number of calendar days in the month that fell on maternity leave. We divide the resulting result by 2, since for an employee working part-time, the minimum wage benefit is calculated based on the time actually worked.

Let's look at an example:

Mironova I.S. got a job at Kadrovik LLC in June 2021. On October 15, she went on maternity leave. This is her first place of work, and her work experience at the time she went on maternity leave was a little more than 4 months. Pregnancy with one child, childbirth passed without complications. The duration of maternity leave is 140 days (10/15/2020 - 03/03/2021).

1. Let's determine the number of calendar days in months when Voronova was on maternity leave:

• October 2021 - 31,
• November 2021 – 30,
• December 2021 - 31,
• January 2021 - 31,
• February 2021 – 28,
• March 2021 - 31.

1. The minimum wage as of 01/01/2020 is 12,130.
2. We calculate the size of SDZ in each month of maternity leave:

• October — 391.29 rub. (12,130:31),
• November — 404.33 rub. (12 130 : 30),
• December — 391.29 rub.,
• January — 391.29 rub.,
• February — 433.21 rub. (12,130:28).
• March — 391.29 rub.

1. We calculate the size of SDZ according to the minimum wage for 2 calendar years preceding the decree: 12,130 x 24: 730 = 398.79 rubles.

1. We determine in which months the size of the SDZ, calculated on a monthly basis, is less than that calculated according to the minimum wage. These are October, December, January and March. In these months, we calculate the allowance for SDZ, calculated for each month of maternity leave. In months where the SDZ calculated on a monthly basis exceeded the SDZ calculated according to the minimum wage (November, February), the benefit is calculated according to the SDZ calculated on the basis of the minimum wage.
2. We calculate the amount of benefits for each month of maternity leave. In April, Mironova went on maternity leave on October 15, which means the number of calendar days in this month, from the date of her departure until the end of the month, is 17 (October 15-31). Maternity leave lasts 140 days and ends on March 3, 2021. So for March we take 3 days.

The benefit amount will be:

• for October 2021 - 6,651.93 rubles. (391.29 x 17),
• for November 2021 - 11,963.70 rubles. (398.79 x 30),
• for December 2021 - 12,130 rubles. (391.29 x 31),
• for January 2021 - 12,130 rubles. (391.29 x 31),
• for February 2021 - 11,166.12 rubles. (398.79 x 28).
• for March 2021 - RUB 1,173.87. (391.29 x 3)

1. We calculate the total amount of benefits for the entire maternity leave: 6,651.93 + 11,963.70 + 12,130 + 12,130 + 11,166.12 + 1,173.87 = 55,215.62 rubles.
2. Divide the resulting result by 2: (55,215.62: 2)

Thus, Voronov will receive an allowance in the amount of 27,607.81 rubles.

An example of calculating benefits in the absence of length of service for a full-time employee can be found here.

Limits on the calculation of insurance premiums (how they affect the maximum benefit amount)

All employers pay payments to the Social Insurance Fund for their female employees. Contributions amount to 2.9% of wages and this interest goes to the general account. Payments for sick leave, maternity and child benefits are then calculated from it.

Limits for employers are set annually by the government. For example, if the annual return is greater than the limit, the contributions do not change. But due to this marginal base, employees receive certain amounts that are accrued for each insured accident. For example, they are available to women and men who take days off to care for a child under 1.5 years old.

The payment itself is calculated from the average salary taken over a couple of years, but subject to a limit. That is, earnings can be anything, but payments for maternity leave and care will not exceed the maximum, depending on the approved restrictions for employers.

For example, with the usual registration of childbirth in 2021, the maximum was 301 thousand 095 rubles for 140 days. The limits of past years have an impact on future rates, which you can even find out yourself. To do this, it is enough to take into account your own average earnings.

Let's sum it up

• The procedure for calculating maternity benefits for a part-time employee depends on her length of service and the amount of her earnings.
• With at least 6 months of experience and sufficient income, the benefit is calculated in the general manner: from average earnings for the 2 years preceding maternity leave.
• If the income is small, the benefit is calculated based on both the minimum wage and the average earnings for 2 years of work. The greater is paid.
• If there is no length of service, the benefit is calculated based on the minimum wage for each month of maternity leave.
• When calculating minimum wage benefits, the resulting result is divided by 2, in proportion to the time worked.

Common mistakes

An application for maternity leave is not considered a mandatory document. Despite this, many employers require it from their employees. This is done to avoid claims in the event of controversial situations.

In this case, the document should not be submitted without a sick leave certificate. The basis for filing an application must be a sheet confirming incapacity for work or a certificate of adoption. Without these documents, rest days are not provided and compensation will not be paid. The application is also usually necessary to indicate the details and desired methods of receiving benefits.

Another common mistake is calculating the vacation period yourself. This is a gross violation of legal norms, since the terms and periods of leave correspond to the data from the sick leave.

In case of multiple pregnancy, the standard statement is not valid. Employees are often unaware of their right to multiple pregnancies, and employers withhold this information. In this case, it is important to pay attention to the sick leave data, which will indicate an extended period of 194 days.

Frequently asked questions on the topic of maternity leave and care for up to 1.5 years

Question #1:

Who can get maternity leave?

Answer:

We list:

1. For female employees working on the basis of an employment contract without taking into account length of service.
2. Persons registered as unemployed with confirmed official status.
3. Full-time students.
4. Women military personnel, including civilian personnel of units.

Question #2:

When do you go to work?

Answer:

Return to the workforce is possible at any time after prior notification to the employer in writing. If the exit is early, a corresponding order is issued. If the period of parental leave has ended, there is no need for additional orders. An interrupted vacation can be resumed, and more than once. For this purpose, an additional act is drawn up, which is confirmed by the employee’s statement.