How to apply for a new maternity leave during maternity leave

How to go from maternity leave to maternity leave: step-by-step instructions

A woman has the right to go from maternity leave to maternity leave an unlimited number of times. The procedure will remain unchanged.

To go from maternity leave to maternity leave, you must adhere to the following algorithm.

Step 1. Choose between maternity leave and parental leave for up to 1.5 years

When returning from maternity leave, you need to close maternity leave for up to 1.5 years and apply for maternity leave. A woman cannot be on two vacations at the same time (according to Part 3 of Article 10 of the 255-FZ). She will have to make a choice: whether to apply for maternity benefits or continue to receive a monthly child care benefit for up to 1.5 years.

It is usually more profitable to receive maternity benefits, since it is paid in the amount of 100% of average earnings, while child benefits are 40%. Therefore, most women choose maternity benefits.

In addition, when the mother goes on maternity leave, the father, grandmother or grandfather will be able to apply for benefits for caring for the first child.

After completing maternity leave, the woman will continue to receive monthly child benefits until the eldest child turns 1.5 years old. Or she can go to work part-time and receive both a salary and child benefit for two children at the same time.

Step 2. Obtain a certificate of incapacity for work at the antenatal clinic

Sick leave for pregnancy and childbirth opens at 28-30 weeks of pregnancy in the antenatal clinic. Typically maternity leave lasts 140 days. But the duration of the vacation is influenced by factors such as the course of pregnancy and childbirth and the number of children.

Step 3. Write an application addressed to the employer

A woman needs to submit an application for maternity leave to her employer with a request for early termination of maternity leave. It is accompanied by a salary certificate from the previous place of work and, if necessary, an electronic sick leave number (since 2022, sick leave will be issued only in electronic form). A certificate of early registration with the Women's Clinic is no longer needed, since from July 2022, the benefit for pregnant women for registration before the 12th week was canceled and replaced with another payment for low-income pregnant women.

Based on the woman’s application, the employer will issue an order to terminate maternity leave and provide her with maternity leave.

Step 4. Wait for the benefit to be transferred to your card

After the transition to direct payments in 2022, maternity benefits on the pregnant woman’s card will come directly from the Social Insurance Fund. But the pregnant woman herself does not need to send documents for benefits to the fund. This is the responsibility of the employer, who must transfer the application and sick leave to the pregnant woman within 5 days of receipt.

From July 2022, benefits are transferred only to the MIR card.

How to pay without going to work

The B&R benefit is calculated based on the salary for the last 2 years. If the employee was on a previous maternity leave for the entire billing period, she can write an application to change the years. Then for the calculation they will take 2 years before the first vacation.

An example of changing years during a second maternity leave

Okolskaya Lyudmila has been on maternity leave for a child up to 1.5 years old since March 13, 2017. She is going on sick leave according to BiR on 04/02/2019.

Due to maternity leave, she earned 325,000 rubles in 2022 and 2022.

In 2015, she earned 495,500 rubles, and in 2016 - 520,500 rubles.

Lyudmila wrote an application asking to replace 2022 with 2015, and 2018 with 2016 to calculate payments under the BiR. During the billing period, there were 18 excluded days. Then the payment amount will be:

(495,500 + 520,500) / (730 - 18) × 140 = 199,780 rubles.

An example of calculating maternity leave if the length of service is less than 6 months

Lyudmila Efremova went on her first maternity leave, having less than 6 months of experience. Then, regardless of the salary, the size of the subsidy will be calculated depending on the minimum wage. In 2022, the minimum wage used for calculation is 12,792 rubles.

The average daily salary is:

12792 × 24 months / 730 days = 420.56 rubles.

The amount of the benefit is: 420.56 rubles × 140 days = 58,878.4 rubles.

Read: Maternity benefits

How is maternity benefit calculated when leaving maternity leave?

Right to change the billing period

Maternity benefits are accrued in the amount of average daily earnings for each day of vacation. According to the current rules, average daily earnings are determined by dividing wages by the number of days in the pay period.

In the standard case, the calculation period takes into account the 2 previous years before the year of maternity leave (according to Part 1 of Article 14 255-FZ). But the specificity of the situation of going from maternity leave to maternity leave is that the woman has practically no income in the past 2 years or its amount is insignificant. Therefore, the law establishes additional benefits: an employee can replace the years of her previous vacation with the periods preceding it.

The right to postpone the pay period arises even in a situation where a woman was on maternity leave for only one day in a year. But a replacement is advisable only if it leads to an increase in the amount of benefits compared to the standard calculation procedure. Otherwise, the replacement is meaningless. Therefore, you first need to calculate maternity benefits in two options: with or without changing periods and understand which option is more profitable.

A woman has the opportunity not to replace periods and take into account 2020-2021.

In 2022, Yulia Marakshina earned 298 thousand rubles. for 301 days, in 2019 320 thousand rubles. for 236 days, in 2022 and part of 2022 she was on leave to care for her first child. In 2022, a woman managed to work 46 days before her second maternity leave and earned 96 thousand rubles during this time. According to the law, Yulia can replace 2022 with 2022 or 2022, since in 2022 she was on maternity leave. But this is not profitable. Since her average daily earnings in 2022 are higher than in 2022 - 2086.96 rubles. (96000/46) more than 1355.93 rubles (320000/236).

At the same time, you can choose not any years for replacement, but only those that immediately preceded maternity leave or child care. This position is shared by the FSS (Letter of the FSS of the Russian Federation dated November 30, 2015 No. 02-09-11/15-23247) and the Supreme Court (Decision of the Supreme Court of the Russian Federation dated February 12, 2018 No. 309-KG17-15902 in case No. A50-26803/2016) .

Katya Petrova was on maternity leave for part of 2022 and all of 2021. In 2022, she will take out a new maternity leave. To increase maternity benefits, Katya can replace the billing period from 2020-2021 to 2018-2019. It can't be 2016 or 2017.

In the example under consideration, both maternity leave of the employee will have the same billing period. Accordingly, the woman will receive the same amount of benefits for the second vacation as for the first.

You can replace the billing period for one year or for both. So, if an employee goes on maternity leave in 2022 after maternity and child care leave in 2020-2021, then the basis for calculations can be earnings for 2022-2019.

Here are a few more options for replacing periods for a woman who is going on maternity leave in 2022.

One more note: changing billing periods is possible only upon the woman’s personal application. Such an initiative cannot come from the head of the company or an accountant. If you do not write a corresponding application, maternity benefits will be calculated according to the general rules.

An example of calculating benefits when leaving maternity leave

The algorithm for calculating maternity benefits will be standard. You need to multiply your average daily earnings by the number of days on maternity leave.

For calculations, earnings for 2 years are summed up and then this amount is divided by 730 or 731 days. From the total number of days, those that are not taken into account in the calculations are excluded: the period of sick leave, maternity leave and child care leave, days of suspension from work without pay.

Employee Elena Perova goes on her second maternity leave from July 22, 2022 . In February 2022, she went on her first maternity leave, earning 40 thousand rubles in a year. It didn't work in 2022. Therefore, Elena decided to postpone the billing period to 2018-2019 and wrote a corresponding statement.

Elena's maternity leave will last 140 days until December 9, 2022. In 2022 she earned 580 thousand rubles, in 2022 - 655 thousand rubles. This is lower than the maximum base for calculating contributions to the Social Insurance Fund for 2022 - 815 thousand rubles. and 2022 – 865 thousand rubles. Therefore, all earnings can be taken into account.

In 2018-2019 there were 730 days. Of which Elena was on sick leave for 12 days, these days are excluded. Accordingly, the calculation is carried out taking into account 718 days.

We calculate the average daily earnings: (580000+650000)/718=1713.1 rub. The resulting average daily earnings must be compared with the minimum in 2022 (456.66 rubles) and maximum (2572.6 rubles) payment limits. It fits within the allotted framework, so maternity leave will be paid according to actual income.

The amount of Elena’s maternity benefit for 140 days will be 1713.1*140=239,834 rubles. Personal income tax is not withheld from this payment.

She will also receive a monthly allowance for caring for her first child up to 1.5 years old - until July 21 inclusive. The full benefit for the month is (1,713.1 * 30.4 * 40%) = 20,831.3 rubles. There are 31 days in July. Accordingly, for 21 days she will receive benefits in the amount of (20831.3/31*21) = 14111.53 rubles.

Thus, Elena will receive 239,834 rubles. maternity benefits and 14,111.53 rubles. monthly allowance for child care up to 1.5 years.

What payments are due?

If a pregnant woman is officially employed, then she has the right to receive four types of benefits:

• two one-time payments - for early registration and at birth;
• sick leave for pregnancy and childbirth;
• monthly up to 1.5 years.

If a pregnant woman does not officially work, she is entitled to only two types of benefits:

• one-time at birth;
• monthly up to 1.5 years.

Difficulties usually arise during the transition from maternity leave to maternity leave, when a woman is on maternity leave with her first child and receives a certificate of incapacity for work in connection with the next pregnancy.

For those who don't work, everything is simple. She is not entitled to sick leave for pregnancy and childbirth, so the question of calculating the appropriate benefit disappears by itself. From the moment the second child is born, you can receive a one-time payment and a monthly payment in the minimum amount until he reaches 1.5 years. If at the same time maternity benefits are also paid for the first one (the first one is not yet 1.5 years old), then an additional allowance is also paid for the second one.

The total amount that a non-working woman can receive per month consists of maternity benefits for the first (3277.45 rubles in 2022) and for the second (6554.89 rubles in 2022), a total of 9832.34 rubles. for two children monthly.

For workers, difficulties arise in calculating maternity benefits and choosing the correct calculation period. In addition, the question arises as to whether it is possible to simultaneously receive payments for the first child and maternity benefits under the BiR for the second.

At work, you cannot take out two types of leave at the same time (care and pregnancy), so you won’t be able to receive two maternity benefits at the same time.

A woman must choose what she wants to receive: maternity leave for up to 1.5 years with her first child or sick pay for pregnancy with her second.

The choice must be made in favor of a higher benefit amount. Usually this is payment for maternity leave, when the amount of payment is 100% of average earnings, and for care - only 40% of average earnings.

If a woman chooses maternity leave according to BiR, then she needs to do the following:

1. Terminate maternity leave with your first child (submit an application to work to suspend your leave and return to work).
2. At the same time, apply for maternity leave at work with the second one (submit an application and sick leave).
3. Payment of maternity leave for up to 1.5 years is stopped, sick leave payment is calculated for 140 days of maternity leave according to BiR.
4. At the end of the BiR leave, care for two children is arranged (an application and birth certificates for the children are submitted).
5. Payment of maternity benefits begins for the second and first (if he is under 1.5 years old).

If a woman leaves maternity leave for up to 1.5 years, and does not take out leave for labor and labor, then from the moment of the birth of her second child, she can apply to work to also assign benefits for him. That is, a woman will receive two benefits every month - for the first and second until each is 1.5 years old. In this case, she will not receive payment under the BiR.

How is the second certificate of incapacity for work paid?

As a rule, maternity leave for pregnancy is always higher than the monthly benefit for up to 1.5 years, so the pregnant woman applies for sick leave at the antenatal clinic, temporarily suspends maternity leave with her first child, goes on sick leave according to the BiR with the second, and after its end she again applies for maternity leave, but this time with two children.

The employer calculates benefits based on the certificate of incapacity for work. The billing period is the two previous years. In one of them or both, the woman is on maternity leave with her previous child, which means these years can be replaced with earlier ones.

You can select those years that immediately precede the year of the maternity leave.

A woman’s right to carry out the replacement of years or to refuse it. If a different pay period is selected, then a statement about this must be written and submitted to work with other documents for registration of sick leave according to the BiR. If a woman leaves the pay period, then no additional statements are needed; the employer himself does not have the right to replace anything.

How to correctly replace the years of the billing period using examples, read here.

Below are examples of maternity pay when moving from maternity leave to maternity leave.

Example of payment without going to work

Initial data:
The employee goes on leave for employment and labor and then to care for her first child from 10/01/2018 (date of birth 01/25/2019). Amount of care allowance = 11,494.

Since December 10, 2019, she has been filing sick leave under BiR with a second one. Estimated due date is February 17, 2022.

Income by year:

• 2018 — 240 000;
• 2017 — 350 000;
• 2016 — 340 000.

A pregnant woman needs to solve two problems:

1. Is it necessary to change the years when calculating maternity leave according to BiR (to do this, we will carry out the calculation with and without changing the years).
2. Is it necessary to go on maternity leave according to BiR or is it more profitable to stay on maternity leave?

Calculation:

Is it necessary to replace the years?

Since the decree for BiR is issued in 2022 (from December 10), the billing period is 2017-2018. There were no maternity leaves in 2022; it cannot be changed. In 2022 there was maternity leave with the previous newborn, it can be changed to the year preceding the billing period - 2016.

A woman is not obliged to change the years; she can leave 2017-2018 and exclude maternity days from the calculation (92 days).

To choose a more profitable option, you need to make two calculations: with and without replacement.

B&R allowance for 2016-2017 = (340,000 + 350,000) / 730 * 140 = 132,328.

B&R allowance for 2017-2018 = (350,000 + 240,000) / (730 - 92) * 140 = 129,467.

The size of the payment when changing years is higher, which means changing years is more profitable.

Do I need to go on sick leave according to BiR?

Next, you can compare whether a woman needs to go on maternity leave, perhaps be on maternity leave with the first and receive a monthly payment for it more profitable. After all, from the date of birth of the second child, a payment for him will also be added.

A woman has two options to choose from:

1. Take maternity leave for 140 days, during which time an allowance of 132,328 rubles is paid. (with replacement of one year of the billing period).
2. Remain on parental leave and receive a monthly payment; from the date of birth of the second child, a care allowance for the second will be added.

For the second case, we will carry out a calculation - we will determine what total payment a woman can receive in 140 days if she remains on maternity leave and does not go on sick leave.

Sick leave under BiR opens from December 10, 2019 for 140 days (until April 27, 2020). Let's assume that the second child was born exactly on February 17, 2020.

In the period from December 10, 2019 to April 27, 2020, the first person is paid monthly (for a full month, 11,494 rubles):

• for December (from 10 to 31): 11494 * 22 / 31 = 8157;
• for January: 11494;
• for February: 11,494;
• for March: 11,494;
• for April (from 01 to 27): 11494 * 27 / 30 = 10,345.

In total, in 140 days for the first child, a woman can receive = 8157 + 11494 + 11494 + 11494 + 10345 = 52984.

During the period from 02/17/2020 to 04/27/2020, care allowance for the second child is also paid.

For benefits for the second billing period - 2018-2019. Both were on maternity leave, which means both can be changed for 2016-2017.

Payment for the second for the full month = (340,000 + 350,000) / 730 * 30.4 * 40% = 11494 - that is, the amount is the same as for the first, since the billing period is the same - 2016-2017.

For the period from 02/17/2020 to 04/27/2020 for the second one the following will be paid:

• for February (from 17 to 29): 11494 * 13 / 29 = 5152;
• for March: 11494;
• for April (from 01 to 27): 11494 * 27 / 29 = 10401.

Total for the second one will be paid = 5152 + 11494 + 10401 = 27,047.

Thus, if a woman goes on sick leave, she will receive 132,328 maternity benefits in 140 days; if she remains on maternity leave, she will receive 80,031 (52984 + 27047) in 140 days.

That is, going on sick leave under the BiR is much more profitable than staying on maternity leave.

Upon termination of incapacity for work under BiR, a woman has the right to take leave to care for two children and receive benefits in the amount of 11494 +11494 for each full month.

Summary

1. A woman cannot be on maternity leave and child care leave at the same time. Therefore, she needs to choose: continue to be on maternity leave or go on a new maternity leave. The second option is usually more profitable.
2. There is a peculiarity when applying for maternity benefits when returning from maternity leave. A woman can replace the billing period and use earlier ones rather than the previous 2 years. But only if it allows her to increase her benefits.
3. You can replace it either one year or two.
4. You can transfer the billing period not to any years, but to those immediately preceding the first decree.
5. Calculation periods are changed only at the request of the employee and if this leads to an increase in the amount of benefits.

When to tell your employer you're pregnant

The woman herself chooses who and when to tell about the upcoming addition to the family. But it is not clear at what point management needs to be notified.

You should not inform your employer about your plans along with submitting an application for sick leave under the BiR. The sooner you inform your boss about the second maternity leave, the more time he will have to prepare. He may be waiting for you to return to work, so he will have to find a replacement for you for the next couple of years.

The boss's dissatisfaction does not threaten you in any way: it is impossible to fire a pregnant woman by law.

What documents and applications are needed for work?

To apply for a new maternity leave, the employee must:

• submit an application to the HR department to interrupt maternity leave and provide sick leave for pregnancy and childbirth;
• attach a sick leave certificate and a copy of your passport to the application;
• write an application to change the billing period for a subsidy under the BiR;
• sign 2 orders: on interrupting parental leave and on providing sick leave for pregnancy and childbirth.

Sample application for interruption of maternity leave and provision of sick leave for pregnancy and childbirth.
The order must be drawn up in form T-6, which is approved by law. The document must specify the period for which sick leave is provided according to the BiR, the payments that are due to the employee and calculations are made to fulfill the labor requirements of the organization in relation to the employee.

Sample order for early termination of parental leave

You can issue sick leave and pay maternity benefits to an employee who is on maternity leave within 6 months after the date indicated on the certificate of incapacity for work.

If the employee brought the application and sick leave later than the start date of the leave under the BiR and she has already been paid child care benefits, then only the difference between the subsidies needs to be paid.