Decree after the decree: the calculation of leave and payment

The decree is a special leave. Its official name is "on pregnancy and childbirth". The main concern is the health of the child, as well as his mother. Some people under the decree also understand the vacation that is given to care for the baby right up until the moment when he can go to kindergarten or even to school. But this is an incorrect formulation. The woman in the decree is directly a certain number of days before and after childbirth. This is regulated by the Labor Code and Federal Law No. 255.

To whom is the decree put

In general, ordinary vacation of this type, with all due payments, just like the decree after the decree, is laid practically for all women in Russia. Moreover, this number includes foreign citizens who temporarily or permanently reside on the territory of the country and immediately work. They have all the same rights as ordinary citizens. But this rule does not apply to those categories of mothers who are foreign citizens and do not work at the same time. Among other things, all the same applies to citizens of Armenia, Kazakhstan and Belarus. It should be noted that the principle of payments is based on whether a woman works or not. The maternity calculator simply will not count on anything in the situation where the pregnant woman has not been formally established in the country up to this point. Another interesting feature is the fact that the father has the right to part of the payments, but only on the condition that they are not received by the mother. In this case, the conversation is not about payments for pregnancy and childbirth, which in principle are not relied upon by a man, but about a benefit that is paid right up until the moment the baby grows to a year and a half. Here an important factor in the calculation is work, or more precisely, the amount of wages. Accordingly, the higher they are, the higher the payment from the state.

Calculation of the decree

The amount of payments for pregnancy and childbirth can vary in a fairly wide range from the minimum to the maximum. These values differ from year to year, so for a specific time interval, the data should be specified. For example, in 2016 the minimum allowable amount is 28 555,40 rubles, and the maximum - 256 027,40 rubles. The same can be said about the decree after the decree. To calculate, you first need to determine the average wage for the desired period. At the same time, the amount should not exceed the figures that are established by legislation based on the limit value of the database. It is also the basis for calculating maternity payments for those categories of the population that do not currently work. This base also has different indicators from year to year. For example, if you receive this money in 2017, you should consider the bases for the last 2 years. In 2015, it was 624,000, and in 2016 it was 711,000 rubles. As a consequence, they stack up with each other and are divided by the number of days in two years (730 or 731, depending on whether the year was a leap year or not). As a result, we get the maximum allowable amount of 1828.77 rubles per day. But this is a fantasy that is almost unattainable for most women. Usually the minimum allowable wage is taken into account and the total amount for all 140 days of such leave will be almost 10 times less. For example, in 2016 it will be 28 554,40 rubles.

Terms and duration

The total term of the decree, which may require a calculator for math calculation is from 140 to 194 days. This should be examined in more detail. So, virtually all women until the time of delivery are given exactly 70 days of leave. Exception is made by those representatives of the weaker sex who are pregnant with several children at once. In this case, until the delivery will give as much as 84 days. Further, immediately after childbirth, the rest period will also be from 70 to 110 days. The very minimum is given to those ladies for whom everything went according to plan and without complications. It also takes into account how many children were born. If one, then the period will be 70 days. If 2 or more - 110 days. Separately it is necessary to tell about those cases when during sorts or labors there were complications. There are already 86 days to rest. Total, with the most favorable outcome for a woman and the birth of 1 child will give 140 days total. If there were complications, the total time will be 156 days, but if there were two or more children, regardless of whether there were any problems or not, it is necessary to have 194 days off. The decree immediately after the decree in this respect is practically no different. In principle, it is impossible to give birth immediately after 140 (or even 194) days, so that such a question never arises.

Design Features

There is a specially developed procedure, according to which it becomes immediately clear when they go to the decree. So, the first and one of the main documents is a hospital one. It is issued by a medical institution approximately on the 30th week of pregnancy (or the 28th, if all data indicate the possibility of having several children). The employer must pay the money. If there is none, or for some reason he does not have the opportunity to pay the required amounts (for example, the bankruptcy procedure is in progress), then the social insurance authorities are engaged in this instead. Having received the application for leave and sick leave, the company management is obliged to issue a special order, the form of which is also thought out in advance (it is called T-6). After everything is officially decorated, the future mother can go on vacation with a clear conscience and not worry about anything else. It should be noted that it is not possible to anticipate complications during childbirth in advance, if this still happens, you will have to visit the workplace in addition and write a statement according to which the vacation will be extended a little. There are no special forms, so any type of document that is not in conflict with the law is allowed.

Delayed Exit to Decree

After the woman has received the sick-list, she can not immediately go on vacation. This is only a right, but not a duty. If the decree after the decree implies the onset of labor before the childcare leave has ended (this will be discussed in more detail below), in this case the conversation is about the same holiday with a length of 140 to 194 days. For example, there is a sick leave, which starts on December 20. He ends, respectively, after 140 days. A woman can decide not to leave on a specified date, but immediately after the New Year holidays. This does not mean that the rest will move somewhat. Simply the total duration will be less and still end in a clearly fixed time. This practice is not very common, but it is useful in certain situations. For example, if in the last months before giving birth a woman receives a salary much higher than before.

Payout Features

The question of how to pay maternity leave is relevant for a fairly large number of women. The general rule is that even if the income comes from different sources, you only need to specify the payment point, otherwise a violation of the law will result. So, for example, a woman worked at the same time in two different firms. She is obliged to name exactly the organization that will pay her money, based on the choice she has. When they go to the decree, such information is studied first of all (if it is really relevant for this situation). Choosing the right company, with which to communicate is easier and more convenient, a woman will from there receive the amounts due to her. And for the employer, the important information is that you can pay in advance for the next month or, if this is not possible, then next month after the allowance is calculated. That is, in the first case the firm pays its own money, which is subsequently compensated by the state. In the second variant, the company first waits until the amount is accrued, and only then it makes a payment.

Allowance

All of the above is related directly to payments for maternity. But there is also a special allowance, which is also laid on the mother (or father) until the child's age reaches 1 year and 6 months. It is with this, how much is paid in a decree of this type and what features are taken into account here, and most of the issues are related. So, the general calculation and the majority of factors here, in principle, practically do not differ, however, payment does not occur immediately, but gradually, monthly, throughout the duration of the leave. On this leave and documents should be submitted immediately after childbirth, but no longer than three months after the fact of their occurrence, otherwise this possibility disappears.

The Second Decree

Imagine the situation that a woman successfully gave birth, issued a grant and went on leave to care for a child for a year and a half. It is quite real situation, in which closer to the end of this period, she will have to give birth again. Many mothers who want several children prefer that they are of a close age, so that such events are not uncommon. In terms of payments for pregnancy and childbirth there is no difference here, but here in the case of benefits there. So, a person can not receive two such payments at once. Later overlaps the early one. For example, the age of the first child is only 1 year. In theory, you can still receive money for 6 months, but if there were deliveries, you should not postpone and you should immediately apply for a new allowance. This is called a decree after the decree. As a result, half a year of payments are simply lost. This is not very profitable, although in some situations it is precisely this approach that will allow you to get more money, especially since the amount of payments for the second kid is much larger.

How not to lose money?

Since it is up to you to calculate how much you are not able to pay by decree, and even more so, where and how it will be better to receive money, you can do much easier. The second (or first) vacation is renewed by the father, grandfather, grandmother or other suitable relative. He will have to leave work until the end of the "rest period", but this, again, can be profitable. Moreover, many people can quite successfully work at home, although with two children this is much more difficult. With this approach, the first payments continue to go to Mom, and the latter, for example, to the Pope. No one loses anything and benefits everyone. Moreover, if the second parent does not officially work and does not lose his salary.

The second child after leaving the decree

This is the simplest situation. As the maternity is paid strictly in fixed terms, right after you go to work, you can safely give birth again and get them all to the full without any tricks and similar actions that are controversial in terms of legislation. For example, my mother gave birth, received payment on maternity, issued a manual and successfully brought up the baby for one and a half years. After that I went to work, where I stayed for another 3-4 months, and again went on vacation, getting all the same without any problems.

Results

The system of calculations and accruals is not very complicated and most parents simply do not need it. The bottom line is that if the employer counts all the payments, he will not be able to do anything not according to the legislation. And if this does happen, then eventually the money will still be received, and the company will be fined. In the same situation, when for all pay social insurance agencies, do not worry at all, the workers there have a huge experience and everything is carefully re-checked several times. Again, even if there is an error, because all people can make mistakes, still the right amount will be paid in one way or another. The decree after the decree in this respect is no different, so if there is no special desire to delve into the problem, then in general this need not be done.