Second maternity leave and payments for the second child in 2021

Many girls, when moving from maternity leave to maternity leave, think about how they will pay for the second sick leave, since the very feasibility of having a second child right away depends on this. The law provides for the opportunity to immediately move from one maternity leave to a second. But for this you need to know all the legal features in order to get maximum sick leave.

From maternity leave to maternity leave

Rules of law

The law allows you to move from one maternity leave to another without going back to work. This is relevant if a girl becomes pregnant while on maternity leave. Here are the main laws that regulate the process of transferring maternity leave:

• provisions of the Labor Code of the Russian Federation;
• FZ-255;
• Order of the Ministry of Health and Social Affairs No. 256N;
• FZ-81.

Extract from Article 255

These are the basic laws that provide for the possibility of moving from one decree to another.

Duration of maternity leave

It is divided into several parts:

• pregnancy and childbirth itself;
• child care up to 1.5 years;
• continuation of child care up to 3 years of age.

Sick leave for pregnancy and childbirth

It is worth noting that the first two stages are paid. To extend the maternity leave for another 1.5 years, you must write a corresponding application according to the sample from the HR department employees and attach a copy of your birth certificate. Then it will be possible to care for the child for another 18 months, but without receiving funds from the Social Insurance Fund.

Table 1. Duration of the first stage of vacation

The length of sick leave depends on how the birth went. It must be obtained from a doctor at a women's clinic.

Online calculator for calculating the period of leave after maternity leave

To determine the number of vacation days you need to take before or after maternity leave, you should use the online calculator from Assistant.

1. By default, the program contains 28 calendar days. But if you are entitled to a longer holiday, make a change in the “Duration of annual leave” field.
2. If you know how many days have already been taken off, then fill in the “used” field. If you omit this field, the calculation will show the total amount of accumulated days.
3. For correct calculation, in the “Date of hire” field, you must indicate the date of hire, and the year you last went to the Unified Society. To calculate the days after maternity leave, when all days were taken off before it began, enter the end date of the last leave.
4. When you click on the marker next to the “Calculation date” field, it will be filled in with the current day. To select a different day, use the calendar.
5. If you were away from work for a certain number of days, fill in the fields “Absence from work without reason” and “Leave without pay” with these periods. In the first field, all days of absenteeism are deducted, in the second, days exceeding 14 days are deducted.
6. In the “Parental leave” field, you need to indicate the required periods, if any.
7. When the required fields are filled in, click on the “CALCULATE” button.
8. If the information was entered incorrectly, it can be cleared using the “Reset” button.

For example, an employee went on maternity leave on September 25, 2017. Before this, she used all the rest days. She decided to resign effective June 19, 2018. How many days will it take for her to receive compensation? The online calculator shows that there will be 14 unused days.

All calculations can be saved in doc format.

How is sick leave paid?

The amount of payments directly depends on the length of service and the size of the official salary. It is worth considering the minimum and maximum amount of benefits that you can count on when taking maternity sick leave (BIR).

Table 2. Maximum and minimum payments for BIR

Important . These amounts are current for 2021. They may then change in accordance with internal legislation. Therefore, it is necessary to monitor them when pregnancy is planned.

Receipt of payments during maternity leave

When applying for maternity leave, a woman can choose which years to count towards the payment. This is true for the first and second pregnancies. If you do not write a corresponding application, the calculation will be made automatically based on the last two working years. Article 217 of the Tax Code of the Russian Federation indicates that no tax is levied on benefits under the BIR.

What other payments can you receive upon the birth of a second child?

There are several payments that can be received upon the birth of a second child. The main ones include the following:

• maternal capital;
• for registration up to 12 weeks;
• BIR;
• lump sum payment for the birth of a child;
• allowance for caring for an infant up to 1.5 years old;
• regional maternity capital for the birth of a third child;
• provision of a land plot in some constituent entities of the Russian Federation upon the birth of a third child and obtaining the status of a large family;
• additional benefits provided to low-income citizens.

Certificate for maternity capital

Considering that the majority of citizens officially receive only the minimum wage, it is quite possible to issue “Putin” payments. You can also register as a low-income person in order to receive subsidies and benefits for utility bills and more.

Benefits can be obtained from various government agencies. Thus, maternity capital is registered with the Pension Fund, and the rest must be received through the social benefits department. You will need to provide various documents. Typically, employees need:

• the applicant’s passport (often the father can also submit papers);
• marriage and birth certificates.

Additionally, they may require a certificate from the place of work confirming that the father did not exercise the right to receive subsidies from the state.

Regional supplements for a second child in 2021

Regional surcharge is a way to support large families and a voluntary type of assistance from the regional authorities. Each individual region of the Russian Federation provides for the payment of additionally established benefits. The size of the payment is not fixed and varies depending on how well-off the region is, since the funds are issued from its budget. Regional surcharges are issued regardless of the issuance of federal capital.

The benefit is issued at the city social security department or MFC after submitting the main package of documents:

• copy and original of the children's birth certificate;
• copy and original of the mother’s passport (you must copy the registration page);
• information about payments already received (if any);
• bank account number for crediting funds.

Application for payment of a lump sum benefit upon the birth of a child
You may also need a number of documents:

1. If the applicant is married, a certificate must be provided. The same applies to divorce.
2. If the father is eligible to receive benefits, he must have a death certificate from the children's mother or written confirmation that the mother has been deprived of parental rights.
3. If documents are submitted by a legal representative, he must have confirmation of his authority.

Most regions that practice accruing funds for the birth of a second child set conditions under which the money received can be spent:

• purchase of vehicles;
• improvement of living conditions;
• education of children and their parents (basic or additional);
• purchasing a summer cottage and equipment to care for it.

The period within which parents can apply for a regional supplement is 6 months after the birth of the child.

However, the period may vary in different regions. In any case, no more than a year must pass from the birth of the child, otherwise the accrual will be made only for good reasons (long-term disability of the parent or illness of the child). The accrual takes place once in full, after which the family no longer has the right to payment.

Procedure for calculating maternity benefits

Each girl can herself calculate the approximate amount she will receive for her stay on maternity leave. To do this, you need to use the formula PBIR = DRP/RP*DO.

PBIR is a maternity benefit, DRP is income during the period considered for calculating benefits, RP is the billing period or number of days, and DO is the number of days on vacation.

Based on your income data and information from your sick leave, you can independently calculate the amount to receive.

If desired, maternity payments can be calculated independently, based on several parameters

Registration of the second maternity leave - step-by-step instructions

It is worth considering in more detail the process of obtaining maternity leave. It doesn't matter what kind of score it is. When you go on your second vacation, there are several important nuances that are not always discussed by personnel or accounting department employees. Therefore, you need to study everything thoroughly on your own.

Step 1. If pregnancy occurred when the first baby was already about 1.5 years old, but there is no desire to continue working while pregnant, then you need to write an application to extend maternity leave until the child is 3 years old. In this case, payment will no longer be received; this leave is provided without pay.

Application for leave under BIR

Step 2. Providing sick leave according to the BIR. At this stage, you will also need to write a statement about choosing the appropriate periods for calculating benefits. It is necessary to understand exactly when the maximum official income was in order to qualify for the largest payments. If the salary was approximately the same, then you don’t have to indicate the specially required periods. The latter will be taken by default. The money will be transferred to the specified account or salary card.

BIR benefits can be transferred either to an account or to a salary card

Step 3. Writing an application for maternity leave. In this case, you must present the baby's birth certificate.

Application for maternity leave

All payments will be made in accordance with legal requirements. They are made from FSS.

Features of obtaining maternity sole proprietorships

Individual entrepreneurs can also receive maternity benefits. But there are several important features here. So, you need to immediately decide whether you want to share your income with the state. If you conclude an agreement with the Social Insurance Fund, you will need to make payments in accordance with current legislation. At the same time, the entrepreneur must determine their size independently, but it cannot be less than the minimum. It is determined based on the current tariff and minimum wage.

If a girl makes contributions to the Social Insurance Fund, then she can receive payments for sick leave and during childbirth. But not everyone is ready to pay even 4,000 rubles a year to receive benefits during childbirth. Therefore, the absence of an agreement with the Social Insurance Fund is grounds for refusal to provide a number of benefits.

The amount of payments for maternity leave is directly affected by contributions to the Social Insurance Fund

It is possible to conclude an agreement by writing a corresponding application. Along with it, you will need to present the constituent documents of the individual entrepreneur and a passport. Five days later the answer comes. If it is positive, then it will be necessary to make deductions in accordance with the requirements of the law.

Important . Late submission of reports and violation of payment deadlines is a violation of the law. As a result, the entrepreneur is issued a fine. All contributions to the Social Insurance Fund accounts must also be indicated in the 3-NDFL report for the Federal Tax Service. This will reduce the tax base. We will talk in more detail about the fines that threaten for non-payment of insurance premiums or for late submission of reports below.

Penalties on insurance premiums

Dismissal during pregnancy or while on maternity leave

Sometimes an employer is interested in dismissing an employee who is moving from one maternity leave to another. The fact is that he is forced to hold a workplace for her. However, he does not receive profit from this employee. Thus, a conflict of interests arises.

The law does not allow pregnant women to be fired while they are on maternity leave. The employee, in turn, can voluntarily write a letter of resignation. But forcing someone to quit is a criminal offense. It is enough to record a conversation with the manager to file a complaint with the State Tax Inspectorate or the court to resolve the problem.

Extract from Article 261

Dismissal of pregnant women is possible only in the following cases:

• liquidation of the enterprise (it is necessary to pay all funds guaranteed by law);
• writing a letter of resignation.

It is also possible to dismiss by agreement of the parties. However, this option is also not profitable for the employer due to the need to make several payments.

Possible timing

Usually people go on maternity leave 30 weeks before the expected date - if the fetus is developing normally and there is no need to go to the hospital or for preservation. For cases of multiple pregnancies, it is possible to leave two weeks earlier. There are other exceptions in the legislation: living in a radiation-contaminated area, medical prescription, and others.

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If desired, a woman can continue to work if it is beneficial to her from a financial point of view and there is no need to be at home. But it is better to issue a certificate of incapacity for work on time - this will protect both the employer from possible complaints to the labor safety inspectorate and the employee herself in the event of unexpected situations. At the same time, you do not have the right to be asked to work overtime, at night and on weekends, or to be sent on a business trip. There is no talk of dismissal, since this is considered a strict violation of the law.

Useful tips for girls before going on maternity leave

It is necessary to consider several important recommendations to ensure that the transition from maternity leave to maternity leave is beneficial and painless:

• you need to find a reliable employer with a fully official salary. This will allow you to receive maximum payments. Today, white salaries are provided by budgetary and financial structures. Also, most large companies are interested in providing a full social package and official salary. However, small firms, as a rule, show only the minimum wage in the form of an official part. And the rest is paid without taxes;
• The period of work for the employer indicated above must be at least two years. This will allow you to select the period when the official salary was higher than the minimum wage in order to receive maximum payments;

  

  The higher the employee’s salary, the greater the BIR benefit she will receive

• it is necessary to clarify in advance exactly what payments from the state are due in accordance with regional laws in a particular subject of the Russian Federation;
• It is important to register with a municipal doctor. If you contact the staff of a private clinic, you will not be able to receive a subsidy for registration before the 12th week. In this case, it is possible to contact a gynecologist at a municipal clinic initially, and then be observed for a fee in another hospital.

By following these tips, you can slightly increase the payments you receive from the Social Insurance Fund.

Features of maternity capital in 2021

The amount paid to mothers has not changed in 2021, i.e. the state steadily continues to issue 453,026 rubles. The specified amount will be increased at the next indexation, which will be carried out in 2021. The amount is expected to increase to 470,241 rubles. (this figure corresponds to the explanatory note to the law on the PF budget 2021). Although maternal family capital (MSC) has not been increased, the payment amount will increase in accordance with inflation. This is provided for by the Federal Law on maternity capital (Part 2, p. 6).

What can you spend maternity capital on in 2021?

What other changes have been made to the 2021 program:

• MK can be used for the construction of housing on a garden plot of land, provided that the building being constructed will not be an outbuilding or a garden house;
• the time for making a decision on issuing an MK was reduced to 15 days.

No new directions for spending MK have appeared in 2021. This means that when spending funds received from the state, mothers can be guided by the provisions of 2021. Firstly, money can be spent on improving living conditions: buying a house or apartment, reconstructing or renovating an old one. Secondly, funds can be invested in children’s education: pay for preschool education or educational programs (for any of the children). Other areas of application of MK:

• create a funded pension for the mother;
• purchase things to help children with disabilities adapt to society.

3 years after the birth of a child is the period after which it becomes possible to use capital in one of the specified areas.

However, there are areas that allow you to spend MK earlier than in 3 years. These areas include:

• repayment of debt on loans for the purchase/construction of housing (down payment, principal or interest);
• maintaining a child in public and private preschool institutions;
• compensation for funds spent on goods or services for children with disabilities that are included in the IPRA.

How to save your first child care benefit

The law allows you to use a little trick when moving from maternity leave to maternity leave until the first baby turns 1.5 years old. So, it is possible to send any able-bodied family member who has an official income on maternity leave. At the same time, you can continue to work at home or go out for a few hours. As a result, the girl will receive a salary while working and also look after the child, and the father will officially be on maternity leave, but continue to work at his job.

Important . The amount of benefits will be 40% of the official income of the person for whom maternity leave is issued. At the same time, the girl herself receives sick leave and corresponding benefits.

Receiving benefits for two children is relevant for families whose incomes are below the minimum wage

After the birth of her second child, the woman takes maternity leave, and the family continues to receive payments for both babies. After the first reaches 1.5 years, the father comes out of maternity leave and continues to work officially. Often employers are happy to agree to such a trick, since the company receives an unregistered employee for whom he does not have to pay taxes. But the company itself will profit from his work.

Interestingly, it is also possible to receive benefits for two children at the same time. The trick is not relevant if the man officially receives the minimum wage.

What can the unemployed get?

The unemployed cannot receive all the payments due because they do not make contributions to the Social Insurance Fund. Thus, BIR benefits are not accrued. But it is possible to receive other payments, namely:

• lump sum benefit for the birth of a child;
• monthly payment for 18 months;
• maternal capital;
• allowance in the amount of 50 rubles from 1.5 to 3 years.

In the absence of contributions to the Social Insurance Fund, the size of payments under the BIR is significantly reduced

Important . Even after dismissal, it is possible to provide sick leave to your employer. This is relevant if pregnancy occurs while working at the enterprise. The accountant cannot refuse to accept this document and is obliged to make accruals in accordance with the law.

What to do if the employment contract expires during the second maternity leave

Sometimes employers are forced to enter into fixed-term employment contracts due to the nature of the vacancy. But in accordance with Article 261 of the Labor Code of the Russian Federation, they cannot fire a woman who became pregnant during the validity period of the contract. Dismissal is allowed only upon liquidation of the organization or in the case of hiring a temporarily absent specialist to replace him. In this case, it is necessary to transfer to another position or offer other vacancies.

Dismissing a woman on maternity leave without good reason is a violation of the law.

If the position of a pregnant employee is abolished, the dismissal will be unlawful; it is necessary to arrange a transfer to another position.

Important . The employment contract is automatically extended until childbirth or until the end of the BIR leave after providing a certificate of pregnancy. Termination of the contract if a woman has a child under three years of age is allowed only if there is a corresponding desire on the part of the employee.

It is allowed to request a pregnancy certificate every three months. It is permissible to terminate the contract if the woman actually works after giving birth.

What else can a woman who has given birth to a second child claim?

Currently, additional benefits for mothers with two children:

• monthly payment from maternity capital funds for the second child until he reaches the age of 3 years - provided that the average per capita income for each family member does not exceed 2 subsistence minimums for the second quarter of the previous year;
• possible regional payments, which in each region can be established by the laws of the local administration.

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15.01.2021