Federal Law No. 255-FZ "On compulsory social insurance in case of temporary disability and in connection with maternity"

регламентирует отношения в сфере материального обеспечения женщин в послеродовой период и других нуждающихся лиц, находящихся на больничном. 255-FZ of December 29, 2006 regulates relations in the sphere of material support for women in the post-natal period and other needy persons who are on sick leave. The normative act establishes the circle of citizens who have the right to cash payments. Let's consider the main provisions of the document.

Specificity of action

определяет: Law 255-FZ defines:

1. Types of material security.
2. Duties and legal opportunities of subjects of law.
3. The size, order, conditions for providing material security.

не распространяется на отношения, касающиеся денежных перечислений гражданам, не имеющим возможности выполнять профессиональные задачи вследствие производственных травм или профзаболеваний. The statutory act " On compulsory social insurance in case of temporary incapacity for work and in connection with maternity" does not apply to relations concerning cash transfers to citizens who do not have the opportunity to perform professional tasks due to work-related injuries or occupational diseases. There are a number of exceptions to this rule. They are determined by the provisions of articles 12-15 of the act in question in a part that does not contradict Federal Law No. 125.

Subject of regulation

определяет ситуации, в которых субъекты могут рассчитывать на материальное обеспечение. The statutory act " On compulsory social insurance in case of temporary incapacity for work and in connection with maternity" determines situations in which subjects can rely on material security. The document firstly defines the risk. They are called temporary loss of earnings or other income, remuneration by a citizen due to the occurrence of an insured event. Risk is also equated with the costs incurred by the subject or his relatives if it is impossible to perform their professional tasks in accordance with the job description.

When is material support supposed?

производится при: Payment of temporary disability allowances is made with:

1. Impossibility to carry out work activities due to trauma or illness. The exception is the receipt of occupational injuries or occupational diseases, as well as other circumstances determined by Article 5 of the normative act in question.
2. Pregnancy and childbirth.
3. Care for a minor up to 1.5 years.
4. The birth of children (child).
5. Death of the subject or minor family member.

Types of collateral

These include payments:

1. Women who registered in a medical institution in the early stages of pregnancy.
2. At the birth of a child. This material assistance is provided at a time.
3. On pregnancy / childbirth.
4. For caring for a minor. This assistance is provided monthly for 1.5 years.
5. Due to the temporary inability to perform professional tasks.
6. To the burial.

The size, conditions, procedure for granting security are established by normative acts No. 81 of May 19, 1995, No. 8 of January 12, 1996, as well as the Federal Law 255-FZ.

Subjects of law

распространяется на: Law 255-FZ applies to:

1. Persons performing professional duties in accordance with the contract.
2. State civil, municipal employees.
3. Members of production cooperatives, if they personally participate in their activities.
4. Clergymen.
5. Persons convicted of imprisonment and attracted to paid work.
6. The subjects, replacing the state of the federal, regional level, as well as staying on municipal posts on an ongoing basis.

Changes

Корректировки в нормативный акт вносились несколько раз. Let us consider some of the provisions of 255-FZ in the new version of 2016. Adjustments to the normative act were made several times. Changes, in particular, touched on the calculation of the amount of payments for caring for minors, BiR, as well as temporary incapacity for work. The rules are laid down in Article 14 of the normative act in question. In 2016 the amendments made by Federal Law No. 213 of July 24, 2009 are in effect. In this article it is determined that the average earnings of a citizen are used in calculating the amounts. It, in turn, is established for 2 years (calendar), which preceded the period of incapacity for work, holidays associated with prenatal and patrimonial periods, as well as caring for minors. In the period included all periods of professional activity, even if it was conducted in other enterprises.

A comment

предусматривает указанные правила только для ситуаций, в которых субъект права, работавший в разных организациях в течение двух предыдущих лет, получает обеспечение на одном предприятии. FZ 255 provides the specified rules only for situations in which the subject of law, who worked in different organizations during the two previous years, receives security at one enterprise. If he is credited to the amount of each institution in which he is a member of the state, the average earnings are not taken into account. If in two or one of two calendar years a citizen was on maternity leave or maternity leave, the relevant periods may be replaced for calculation, provided that this operation will lead to an increase in the amount of security. For this, the interested person writes a written statement.

Calculation of average salary

устанавливает, что в заработок включаются все суммы, перечисленные в пользу гражданина. 255-FZ in the new version of 2016 establishes that the earnings include all amounts listed in favor of the citizen. At the same time, contributions to the FSS, FFOMS, FIU should be deducted from them. In the calculation, the amounts sent to these funds until December 31 are accepted. 2016. In determining the average earnings, deductions established by the Tax Code may also be taken into account. The last provision is put into effect on January 1. 2017. The scheme for calculating the earnings is as follows. The amount of the accrued salary for the set in the first part of Article 14 is divided by the number of calendar days in it. At the same time, the days are excluded from the calculation, which refer to the periods:

1. Temporary incapacity for work, stay on leave for caring for minors, BiR.
2. Exemption of the employee from professional activities with partial / full retention of earnings. At the same time, contributions to the funds should not be accrued for these amounts.

Pregnancy and childbirth allowance calculator

First of all, it should be said that up to 2013 two methods of calculation were used. Currently, the amount is determined in one way. The calculator of maternity benefits includes the following data:

1. Term of leave. It depends on the number of children and the presence / absence of complications. 140 days is established for a single-dose, problem-free pregnancy, 156 for a problem and 194 for a multiple pregnancy.
2. Earnings for 2 years. As was said above, this period is the year preceding the period of vacation. In this case, the date is of the hospital, not of the birth. In the calculation, you can take only a full year - from January 1 to December 31. The amount of earnings is taken full, without deduction of personal income tax.
3. Settlement days. Their number is 730 or 731 (depending on whether it falls into a leap year or not). The number of days should be deducted: the period of illness, BID leave or care for a minor, as well as the period of exemption from the performance of professional duties with preservation of the salary and without deductions to the funds.

Here it is necessary to note one nuance. No other periods can reduce the number of settlement days. So, if a woman worked for 2 years directly for only 1 year, and the rest of the time was unemployed, 730 (731) will be used to determine the amount.

Calculation Formulas

Law 255-FZ establishes the following rules of calculation. To determine the amount of day care provided that the opportunity to perform professional duties is lost, the BeeR's average earnings are multiplied by the coefficient established by Art. 7 and 11.2. The following formula is used to calculate the monthly amount. When determining it, you need to calculate the average amount of earnings. It is calculated by multiplying the daily payout by 30.4. It, in turn, is determined by the rules of Article 14 (Parts 3.1 and 3.2). The amount of monthly payment for caring for a minor is calculated by multiplying the average earnings by a coefficient, in accordance with Art. 11.2.

Betting

устанавливает коэффициенты в ст. Law 255-FZ establishes the coefficients in Art. 7 and 11.2. Calculation of amounts when you lose the opportunity to perform professional tasks due to injury or disease is carried out using interest rates from the average earnings. They are established depending on the length of the insurance period:

1. 8 years and more - 100%.
2. 5-8 years - 80%.
3. Up to 5 years - 60%.

An exception is when a trauma or disease has occurred within a month from the date of termination of employment. In these cases, a rate of 60% of the average wage is used.

Care of the sick juvenile

In the case of outpatient treatment, during the first 10 days (calendar), the amount is calculated in accordance with the rates specified in Article 7 (part 1), in the amount of 50% - on subsequent days. When a child is at the hospital, the order of the first part of Article 7 is used. Similar rules apply to cases of need to care for a sick relative, except children under 15 years old, for outpatient treatment.

Monthly security

Allowance for caring for minors is charged at a rate of 40% of the average earnings. At the same time, the amount of the resulting amount should not be lower than that established by statutory acts for persons with children. When caring for two or more minors who have reached the age of 1.5 years, the amount of security is summed up. However, its value can not be more than 100% of the average earnings of a citizen, established in accordance with Art. 14. When calculating monthly amounts for the second and subsequent children, the previous juveniles, including those adopted, are taken into account. The exception is when the mother is deprived of parental rights in respect of the latter.