Article 14. Procedure for calculating benefits for temporary disability, pregnancy and childbirth, monthly child care benefits
1. Benefits for temporary disability, pregnancy and childbirth, monthly child care benefits are calculated based on the average earnings of the insured person, calculated for two calendar years preceding the year of temporary disability, maternity leave, parental leave, including during work (service, other activities) with another policyholder (other policyholders). Average earnings during work (service, other activities) with another insurer (other insurers) are not taken into account in cases where, in accordance with Part 2 of Article 13 of this Federal Law, benefits for temporary disability, pregnancy and childbirth are assigned and paid to the insured person for all places of work (service, other activity) based on the average earnings during work (service, other activity) with the insurer assigning and paying benefits. If in two calendar years immediately preceding the year of occurrence of the specified insured events, or in one of the specified years, the insured person was on maternity leave and (or) child care leave, the corresponding calendar years (calendar year) at the request of the insured person, they can be replaced for the purpose of calculating average earnings by previous calendar years (calendar year), provided that this leads to an increase in the amount of benefits.
1.1. If the insured person did not have earnings during the periods specified in Part 1 of this article, as well as if the average earnings calculated for these periods, calculated for a full calendar month, are lower than the minimum wage established by federal law for the day of the occurrence of the insured event, the average earnings, on the basis of which benefits for temporary disability, maternity, and monthly child care benefits are calculated, are taken equal to the minimum wage established by federal law on the day of the occurrence of the insured event. If the insured person, at the time of the occurrence of the insured event, works part-time (part-time, part-time), the average earnings, on the basis of which benefits are calculated in these cases, are determined in proportion to the duration of the insured person’s working hours. Moreover, in all cases, the calculated monthly child care benefit cannot be less than the minimum monthly child care benefit established by the Federal Law “On State Benefits for Citizens with Children.”
2. The average earnings, on the basis of which benefits for temporary disability, maternity, and monthly child care benefits are calculated, include all types of payments and other remuneration in favor of the insured person, for which insurance contributions to the Social Insurance Fund of the Russian Federation are calculated. in accordance with the Federal Law of July 24, 2009 N 212-FZ "On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund" (for the period up to December 31, 2016 inclusive) and (or) in accordance with the legislation of the Russian Federation on taxes and fees (starting from January 1, 2017).
2.1. For the insured persons specified in Part 3 of Article 2 of this Federal Law, the average earnings, on the basis of which benefits for temporary disability, maternity, and monthly child care benefits are calculated, are taken equal to the minimum wage established by federal law on the day of insured event. At the same time, the calculated monthly child care benefit cannot be less than the minimum amount of the monthly child care benefit established by the Federal Law “On State Benefits for Citizens with Children.”
2.2. For insured persons who worked under employment contracts concluded with organizations and individual entrepreneurs, for whom a reduced rate of insurance contributions to the Social Insurance Fund of the Russian Federation was applied in the amount of 0 percent, in the average earnings, on the basis of which benefits for temporary disability and pregnancy are calculated and maternity benefits, monthly child care benefits, includes all types of payments and other remuneration in favor of the insured person, which were included in the base for calculating insurance contributions to the Social Insurance Fund of the Russian Federation in accordance with Federal Law of July 24, 2009 N 212-FZ "On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund" (for the period up to December 31, 2016 inclusive) and (or) in accordance with the legislation of the Russian Federation on taxes and fees (starting from 1 January 2017) in the corresponding calendar year and do not exceed the maximum value of the base for calculating insurance contributions to the Social Insurance Fund of the Russian Federation established in this calendar year. Information on the specified payments and remuneration in favor of the insured person for the corresponding period is indicated in the certificate of the amount of earnings issued by the policyholder in accordance with clause 3 of part 2 of article 4.1 of this Federal Law.
3. The average daily earnings for calculating temporary disability benefits are determined by dividing the amount of accrued earnings for the period specified in part 1 of this article by 730.
3.1. Average daily earnings for calculating maternity benefits and monthly child care benefits are determined by dividing the amount of accrued earnings for the period specified in Part 1 of this article by the number of calendar days in this period, with the exception of calendar days falling in the following periods :
1) periods of temporary disability, maternity leave, parental leave;
2) the period of release of the employee from work with full or partial retention of wages in accordance with the legislation of the Russian Federation, if insurance contributions to the Social Insurance Fund of the Russian Federation were not accrued for the retained wages for this period in accordance with Federal Law of July 24, 2009 N 212-FZ "On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund" (for the period up to December 31, 2016 inclusive) and (or) in accordance with the legislation of the Russian Federation on taxes and fees ( starting January 1, 2017).
3.2. Average earnings, on the basis of which temporary disability benefits, maternity benefits and monthly child care benefits are calculated, is taken into account for each calendar year in an amount not exceeding that established in accordance with Federal Law of July 24, 2009 N 212-FZ " On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund" (for the period up to December 31, 2016 inclusive) and (or) in accordance with the legislation of the Russian Federation on taxes and fees (starting from January 1 2017) for the corresponding calendar year, the maximum value of the base for calculating insurance contributions to the Social Insurance Fund of the Russian Federation. If the appointment and payment of benefits for temporary disability, pregnancy and childbirth to the insured person are carried out by the territorial bodies of the insurer at the place of registration of several policyholders in accordance with parts 2 and 4 of Article 13 of this Federal Law, the average earnings on the basis of which these benefits are calculated, is taken into account for each calendar year in an amount not exceeding the specified limit when calculating these benefits for each of these policyholders.
3.3. The average daily earnings for calculating maternity benefits, monthly child care benefits, determined in accordance with Part 3.1 of this article, cannot exceed the value determined by dividing by 730 the sum of the maximum values of the base for calculating insurance contributions to the Social Insurance Fund of the Russian Federation. Federation established in accordance with the Federal Law of July 24, 2009 N 212-FZ “On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund” (for the period up to December 31, 2016 inclusive) and (or) in accordance with the legislation of the Russian Federation on taxes and fees (starting from January 1, 2017) for two calendar years preceding the year of maternity leave and child care leave.
4. The amount of the daily benefit for temporary disability, pregnancy and childbirth is calculated by multiplying the average daily earnings of the insured person by the amount of the benefit established as a percentage of the average earnings in accordance with Articles 7 and 11 of this Federal Law.
5. The amount of benefits for temporary disability and maternity leave is determined by multiplying the amount of the daily benefit by the number of calendar days falling during the period of temporary disability and maternity leave.
5.1. The monthly child care benefit is calculated from the average earnings of the insured person, which is determined by multiplying the average daily earnings, determined in accordance with parts 3.1 and 3.2 of this article, by 30.4.
5.2. The amount of the monthly child care benefit is determined by multiplying the average earnings of the insured person by the amount of the benefit established as a percentage of the average earnings in accordance with Article 11.2 of this Federal Law. When caring for a child for an incomplete calendar month, the monthly child care allowance is paid in proportion to the number of calendar days (including non-working holidays) in the month during the period of care.
7. The specifics of the procedure for calculating benefits for temporary disability, pregnancy and childbirth, monthly child care benefits, including for certain categories of insured persons, are determined by the Government of the Russian Federation.
1. Temporary disability benefits for loss of ability to work due to illness or injury, except for the cases specified in part 2 of this article, during quarantine, prosthetics for medical reasons and after-care in sanatorium-resort organizations immediately after the provision of medical care in a hospital setting, are paid in the following way size:
1) to an insured person with 8 or more years of insurance experience - 100 percent of average earnings;
2) to an insured person with an insurance period of 5 to 8 years - 80 percent of average earnings;
3) to an insured person with up to 5 years of insurance experience - 60 percent of average earnings.
2. Temporary disability benefits for loss of ability to work due to illness or injury are paid to insured persons in the amount of 60 percent of average earnings in the event of illness or injury occurring within 30 calendar days after termination of work under an employment contract, official or other activity during which they are subject to compulsory social insurance in case of temporary disability and in connection with maternity.
3. Temporary disability benefits when it is necessary to care for a sick child are paid:
1) when treating a child on an outpatient basis - for the first 10 calendar days in the amount determined depending on the length of the insurance period of the insured person in accordance with Part 1 of this article, for subsequent days in the amount of 50 percent of average earnings;
2) when treating a child in an inpatient setting - in an amount determined depending on the length of the insurance period of the insured person in accordance with Part 1 of this article.
4. Temporary disability benefits if it is necessary to care for a sick family member during his treatment on an outpatient basis, with the exception of cases of caring for a sick child, is paid in an amount determined depending on the length of the insurance period of the insured person in accordance with “Part 1” of this articles.
(as amended by Federal Laws dated November 25, 2013 “N 317-FZ”, dated December 31, 2014 “N 495-FZ”)
5. Lost power.
6. An insured person with an insurance period of less than six months is paid a temporary disability benefit in an amount not exceeding for a full calendar month the minimum wage established by federal law, and in regions and localities in which regional coefficients are applied to wages, in an amount not exceeding the minimum wage, taking into account these coefficients.
7. In the case of temporary disability that occurred before the downtime period and continues during the downtime period, temporary disability benefits for the downtime period are paid in the same amount as wages are maintained during this time, but not higher than the amount of temporary disability benefits that the insured the person would receive according to the general rules.
1. Benefits for temporary disability, pregnancy and childbirth, monthly child care benefits are calculated based on the average earnings of the insured person, calculated for two calendar years preceding the year of temporary disability, maternity leave, parental leave, including during work (service, other activities) with another policyholder (other policyholders). Average earnings during work (service, other activities) with another insurer (other insurers) are not taken into account in cases where, in accordance with Part 2 of Article 13 of this Federal Law, benefits for temporary disability, pregnancy and childbirth are assigned and paid to the insured person for all places of work (service, other activity) based on the average earnings during work (service, other activity) with the insurer assigning and paying benefits. If in two calendar years immediately preceding the year of occurrence of the specified insured events, or in one of the specified years, the insured person was on maternity leave and (or) child care leave, the corresponding calendar years (calendar year) at the request of the insured person, they can be replaced for the purpose of calculating average earnings by previous calendar years (calendar year), provided that this leads to an increase in the amount of benefits.
1.1. If the insured person did not have earnings during the periods specified in Part 1 of this article, as well as if the average earnings calculated for these periods, calculated for a full calendar month, are lower than the minimum wage established by federal law for the day of the occurrence of the insured event, the average earnings, on the basis of which benefits for temporary disability, maternity, and monthly child care benefits are calculated, are taken equal to the minimum wage established by federal law on the day of the occurrence of the insured event. If the insured person, at the time of the occurrence of the insured event, works part-time (part-time, part-time), the average earnings, on the basis of which benefits are calculated in these cases, are determined in proportion to the duration of the insured person’s working hours. Moreover, in all cases, the calculated monthly child care benefit cannot be less than the minimum monthly child care benefit established by the Federal Law “On State Benefits for Citizens with Children.”
2. The average earnings, on the basis of which benefits for temporary disability, maternity, and monthly child care benefits are calculated, include all types of payments and other remuneration in favor of the insured person, for which insurance contributions to the Social Insurance Fund of the Russian Federation are calculated. in accordance with the Federal Law of July 24, 2009 N 212-FZ "On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund" (for the period up to December 31, 2016 inclusive) and (or) in accordance with the legislation of the Russian Federation on taxes and fees (starting from January 1, 2017).
2.1. For the insured persons specified in Part 3 of Article 2 of this Federal Law, the average earnings, on the basis of which benefits for temporary disability, maternity, and monthly child care benefits are calculated, are taken equal to the minimum wage established by federal law on the day of insured event. At the same time, the calculated monthly child care benefit cannot be less than the minimum amount of the monthly child care benefit established by the Federal Law “On State Benefits for Citizens with Children.”
2.2. For insured persons who worked under employment contracts concluded with organizations and individual entrepreneurs, for whom a reduced rate of insurance contributions to the Social Insurance Fund of the Russian Federation was applied in the amount of 0 percent, in the average earnings, on the basis of which benefits for temporary disability and pregnancy are calculated and maternity benefits, monthly child care benefits, includes all types of payments and other remuneration in favor of the insured person, which were included in the base for calculating insurance contributions to the Social Insurance Fund of the Russian Federation in accordance with Federal Law of July 24, 2009 N 212-FZ "On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund" (for the period up to December 31, 2016 inclusive) and (or) in accordance with the legislation of the Russian Federation on taxes and fees (starting from 1 January 2017) in the corresponding calendar year and do not exceed the maximum value of the base for calculating insurance contributions to the Social Insurance Fund of the Russian Federation established in this calendar year. Information on the specified payments and remuneration in favor of the insured person for the corresponding period is indicated in the certificate of the amount of earnings issued by the policyholder in accordance with clause 3 of part 2 of article 4.1 of this Federal Law.
3. The average daily earnings for calculating temporary disability benefits are determined by dividing the amount of accrued earnings for the period specified in part 1 of this article by 730.
3.1. Average daily earnings for calculating maternity benefits and monthly child care benefits are determined by dividing the amount of accrued earnings for the period specified in Part 1 of this article by the number of calendar days in this period, with the exception of calendar days falling in the following periods :
1) periods of temporary disability, maternity leave, parental leave;
2) the period of release of the employee from work with full or partial retention of wages in accordance with the legislation of the Russian Federation, if insurance contributions to the Social Insurance Fund of the Russian Federation were not accrued for the retained wages for this period in accordance with Federal Law of July 24, 2009 N 212-FZ "On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund" (for the period up to December 31, 2016 inclusive) and (or) in accordance with the legislation of the Russian Federation on taxes and fees ( starting January 1, 2017).
3.2. Average earnings, on the basis of which temporary disability benefits, maternity benefits and monthly child care benefits are calculated, is taken into account for each calendar year in an amount not exceeding that established in accordance with Federal Law of July 24, 2009 N 212-FZ " On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund" (for the period up to December 31, 2016 inclusive) and (or) in accordance with the legislation of the Russian Federation on taxes and fees (starting from January 1 2017) for the corresponding calendar year, the maximum value of the base for calculating insurance contributions to the Social Insurance Fund of the Russian Federation. If the appointment and payment of benefits for temporary disability, pregnancy and childbirth to the insured person are carried out by the territorial bodies of the insurer at the place of registration of several policyholders in accordance with parts 2 and 4 of Article 13 of this Federal Law, the average earnings on the basis of which these benefits are calculated, is taken into account for each calendar year in an amount not exceeding the specified limit when calculating these benefits for each of these policyholders.
3.3. The average daily earnings for calculating maternity benefits, monthly child care benefits, determined in accordance with Part 3.1 of this article, cannot exceed the value determined by dividing by 730 the sum of the maximum values of the base for calculating insurance contributions to the Social Insurance Fund of the Russian Federation. Federation established in accordance with the Federal Law of July 24, 2009 N 212-FZ “On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund” (for the period up to December 31, 2016 inclusive) and (or) in accordance with the legislation of the Russian Federation on taxes and fees (starting from January 1, 2017) for two calendar years preceding the year of maternity leave and child care leave.
4. The amount of the daily benefit for temporary disability, pregnancy and childbirth is calculated by multiplying the average daily earnings of the insured person by the amount of the benefit established as a percentage of the average earnings in accordance with Articles 7 and 11 of this Federal Law.
5. The amount of benefits for temporary disability and maternity leave is determined by multiplying the amount of the daily benefit by the number of calendar days falling during the period of temporary disability and maternity leave.
5.1. The monthly child care benefit is calculated from the average earnings of the insured person, which is determined by multiplying the average daily earnings, determined in accordance with parts 3.1 and 3.2 of this article, by 30.4.
5.2. The amount of the monthly child care benefit is determined by multiplying the average earnings of the insured person by the amount of the benefit established as a percentage of the average earnings in accordance with Article 11.2 of this Federal Law. When caring for a child for an incomplete calendar month, the monthly child care allowance is paid in proportion to the number of calendar days (including non-working holidays) in the month during the period of care.
7. The specifics of the procedure for calculating benefits for temporary disability, pregnancy and childbirth, monthly child care benefits, including for certain categories of insured persons, are determined by the Government of the Russian Federation.