Very often there is such situation when the woman, having given birth to one child and being in holiday on care of this child, decides to give birth to the second. In this regard there is a set of questions of rather due maternity payments, and also on care of the child till 1,5 years.
If the maternity leave comes in the period of a child care leave till 1,5 years (or 3 - x years), then the woman is granted an option of one of two types of the grants paid during the periods of the corresponding holidays (paragraph 11 of Art. 13 of the Federal law from 19. 05. 1995 № 81 - Federal Law in an edition from 24. 07. 2009).
As a rule, the woman makes the choice for maternity allowance as it often more payment for care of the child before achievement of age by it one and a half years.
How to issue holiday
As the woman cannot be in two holidays at the same time, it needs to interrupt one holiday and to write the application for another.
I Ask you to interrupt with
of on February 4, 2010 the child care leave granted to me before achievement of age of three years by it and to provide me since February 5, 2010 a maternity leave with payment of maternity allowance. Appendix: leaf of disability of VP 7947875.
“__“ February, 2010
Signature/T. A. Ivanova /
a human resources department prepares for
on the basis of the submitted application two orders: the first about cancellation of a child care leave (in a free form), the second about granting a maternity leave (in the unified № form; T - 6).
the accounts department will make by
on the basis of the order calculation of maternity allowance, and also on care of the child till 1,5 years.
the Procedure of payments of grants
Since January 1, 2010 maternity allowance, a monthly allowance on care of the child in case the insured person had no work period (service, other activity) just before approach of the specified insured events in connection with a maternity leave or a child care leave, the corresponding grants will be estimated proceeding from the average earnings calculated for the last 12 calendar months of work, preceding month of approach of the previous insured event.
Thus if earlier (in 2009) maternity allowance in case the insured person in the settlement period and in a month of a loss occurrence had no earnings, was estimated from an official salary, then since January 1, 2010 the grant will be estimated proceeding from average earnings on the previous insured event (in a size established before the first child care leave) (Art. 14 of the Law 255 - Federal Law in edition of the Law № 213 - Federal Law).
If for the time spent on holiday changes in salaries happened.
Earlier (till 2010) the rule worked that if the worker looked after the first child before and had no earnings, then before holiday in connection with the birth of the second child it has no actually fulfilled 12 calendar months, and the grant should be defined proceeding from a tariff rate or an official salary of the employee (the item. 11 Situation “About Features of an Order of Calculation of Temporary Disability Benefits, on Pregnancy and Childbirth to the Citizens Who Are Subject to Obligatory Social Insurance“, approved as the government resolution of June 15, 2007 № 375 in edition from 19. 10. 2009 - further Provisions). At the same time calculation was made proceeding from the salary established for date of a loss occurrence that is from a new official salary.
B this rule was changed to 2010 and now if for the time spent the woman in a child care leave the salary was increased, then the woman, for receiving a bigger grant, it is necessary to come to work. At the same time it is unimportant how many days you will work after an exit from a child care leave as an exit even for one day can significantly influence the amount of average earnings.
For example, the woman left in a maternity leave in 2008 with a salary in 10 000 rub. For the time spent on holiday for the first child became pregnant. During this time the salary grew to 25 000 rub. If the woman does not come to work, then maternity allowance will be estimated for the last 12 calendar months, preceding month of approach of the previous insured event, that is proceeding from 10 000 rub. If works at least of 1 - 2 day, that daily average earnings will increase, and the grant will be estimated in a new way. (In addition the sum of payments can be calculated on the calculator). And here the child care allowance till 1,5 years will be considered (second) anyway proceeding from the increased salary sum:
Option 1: If the woman came to work for several days before a maternity leave - these days will make the settlement period for purpose of maternity allowance, and also on care of the child.
Option 2: If the woman did not leave before a maternity leave (for the second child) for work, then in the settlement period preceding insured event (child care leave) there are no fulfilled days and charges, according to item 11 of Situation, undertake for calculation of 12 months of work preceding the previous insured event (maternity leave). But also there are no charges therefore for calculation the salary (a tariff rate) at the time of a loss occurrence undertakes. (№ 11. 1 Situation). And only in case the tariff rate or a salary are not established to the woman, the grant will be estimated proceeding from the minimum wage rate.
On our example, from option 2 it is visible that the child care allowance will be more maternity allowance. Then the woman has the right to receive since the birth of the child either maternity allowance, or a monthly allowance on care of the child including earlier paid maternity allowance (the p. 3 of article 11. 1 Federal law from 29. 12. 2006 № 255 - Federal Law in edition from 24. 07. 2009).