Law on benefits for temporary disability, pregnancy and childbirth - Rossiyskaya Gazeta. New rules for calculating benefits for temporary disability, pregnancy and childbirth, monthly child care benefits New edition of 255 Federal Law

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255 federal law on compulsory social insurance

In this Russian bill, which touches on the topic of “mandatory social insurance”, a separate procedure is established, the amount of funds paid (calculated benefits), and social security standards are determined for specific categories.

In these matters, the state is the guarantor, for example, if a short-term disability occurs or in the course of providing sick leave payments, taking into account the existing length of service, due to maternity, etc. You can learn about this in detail in the second chapter of the designated Federal Law.

Certain factors influence the amount of benefits provided by law. Work experience is key. In what field of activity a person works is not so important when considering this issue.

Attention! Here is a list of such factors:

  • work for the government service;
  • employment on the basis of a labor agreement concluded with the employer;
  • the employee is employed in a municipal structure, etc.

Conditions The law provides for insurance payments taking into account the accumulated experience:

  • when working for eight years or more – 100%.
  • if the period of work was from five to eight years - 80%.
  • work less than five years – 60%.

As an exception to this rule, you can consider the procedure for calculating benefits for pregnancy (childbirth) - if a woman worked for at least 6 months in an organization, then 100% of the benefit is transferred to her.

When Federal Law 255 came into force

The officially considered law concerning personal insurance (compulsory social insurance) was adopted by the State Duma of the Russian Federation at the end of December 2006, for which a separate order was issued.

From the moment of official consolidation normative act its contents were frequently amended to improve the bill and eliminate possible disadvantages(as with Law 275 in its latest edition). For example, the amounts of assigned payments are subject to systematic annual review.

Changes made to Federal Law 255 “On compulsory social insurance in case of disability”

On this moment Law No. 255 introduced and is in force regulating issues related to taxes (fees). Thus, the law has a direct intersection with the Tax Code. The law establishes control measures to ensure correct calculation, timely and full payment of contributions for individual periods (reference periods).

Important! As a supplement, separate amendments have been made to the law, affecting the following points:

  • amount of payments (indexations). He was approved;
  • maximum basic value;
  • minimum wage.

A number of articles have undergone some changes since the beginning of May 2017, which should be considered further.

Article 3

This article tells that insured citizens are provided with insurance payments from the state. budget (Social Insurance Fund), or they are guaranteed by the insurer.

Please note!

to persons who independently decided to enter into legal insurance relations - funds are allocated by the Fund from the very first day.

According to paragraphs 2-5 of part 1 of article 5 of Law 255, payments in connection with the onset of incapacity for work are made from the 1st day of the occurrence of such a circumstance. The latest edition remains unchanged.

Article 5

  • The terms of the law provide for the need to pay benefits in connection with the onset of short-term disability:
  • for injuries (serious illnesses);
  • if there is a need to care for a sick family member;
  • when an adult insured citizen is in quarantine, a child (up to 7 years old) is in quarantine if he or she visits a preschool educational institution, as well as an incapacitated relative.

when staying in medical organizations for the purpose of prosthetics.

Attention! The amount of benefit due to a citizen in connection with the temporary loss of ability to work is issued to the insured person on the basis of the law only if he has insurance at the place of official employment or the occurrence of illness (injury) within 30 days from the date of dismissal.

Article 7 Federal Law 255 establishes a specific amount of benefits that citizens can receive if they become temporarily disabled due to illness or injuries. The calculation will primarily depend on the duration.

Payments are calculated as follows:

  • if the insured person works in the organization for 8 years or longer, he is given 100% of the average salary received (full payment);
  • when working for up to 8 years, but not less than 5, payments will be in the amount of 80% of the average salary received in the organization;
  • if the duration of employment is less than 5 years, then only 60% of the average salary received will be paid.

The benefit is calculated based on the law in connection with caring for the sick as follows. During the first 10 days, the amount of benefits is calculated taking into account the length of service (as required by Law 255). For example, the duration of an employee’s work in an organization for more than 8 years gives him the right to claim a full 100% payment based on the salary he receives.

However, the restoration of human health may not be limited to a ten-day period. In such circumstances, the amount monetary compensation will be halved and amount to 50% of the salary received by the employee in the organization.

If we talk about a child being treated in a hospital, then the amount of the benefit will be related to the length of the insurance period.

If the length of an employee’s work activity in an organization is less than six months, then Law 255 requires the calculation of insurance payments in the amount of the “minimum wage”.

In certain regions of the state, in this case, the coefficient is additionally taken into account when calculating. For example, if a citizen’s compensation is equal to the average salary he receives, then the specified coefficient is added to it. This results in an increase in the amount of payments due to the onset of disability.

The latest edition of the article in question has not been changed.

Article 8

Attention! List of legal reasons for reducing the amount of financial compensation due to a citizen in accordance with Law 255:

  • the patient did not comply with the regimen established by his attending physician;
  • the insured person did not arrive for scheduled medical care. inspection. It was also not present during medical and social research. Such violations are considered unacceptable by law;
  • the citizen was under the influence of narcotic drugs (drugs), was intoxicated due to alcohol or other toxins consumed.

The discovery of one of the listed or several circumstances in accordance with Law 255 leads to a reduction in the amount of the benefit to the “minimum wage”. No changes have been made to the article since the last edit.

Article 9

The law provides a list of periods when a citizen cannot apply for compensation due to disability.

Important! Payments will be expressly denied in the following cases:

  • on the basis of an order issued by the organization, the employee was previously released from performing his job duties in full or in part. Under such conditions, the employer continues to pay the employee’s salary, taking into account its average;
  • An employee is removed from work by decision of the employer if there is good reasons. Here, compensation in the form of benefits and payment for work is not paid to the citizen;
  • the employee independently tried to cause harm to his health (intentionally cause bodily harm), or his intent was aimed at suicide. Confirmation of these facts is provided in court proceedings.

Self-inflicted bodily harm by an insured employee during the production process is considered a criminal offense.

The latest version of the law remains unchanged.

Article 11

Please note!

Law 255 regulates the calculation of compensation for women under insurance if they take leave in connection with pregnancy (childbirth). If you are officially employed and have insurance, the benefit will be full - 100% based on the average salary received by the employee.

If a woman’s time working in an organization was less than six months, benefits will be paid. In a number of regions of the country, in addition to the “minimum wage”, approved coefficients can be used when calculating benefits, which allows you to receive slightly larger payments than usual.

Article 12

The article defines the period allotted to employees to apply for benefits in connection with temporary disability or to receive payments due during pregnancy (childbirth).

To receive benefits due to the onset of disability, the employee should, after recovery, apply for appropriate accruals.

The only limitation is that the employee’s application must be received within six months from the date when his ability to work was restored (or a disability group was determined), or the period of release from work ended (part 1).

A benefit in connection with pregnancy (childbirth) is assigned if the corresponding application is received from an employee within six months from the date of completion of the leave granted to her at work. Attention!

If the deadline has been missed, then the representative of the insurer in the territory is responsible for accepting requests. Acceptance occurs only if there are compelling reasons for missing the deadline established by law.

The latest version of the law has not changed.

Article 13

In 2017, changes affected part 5 of article 13 of Law 255. Sick leave is issued by a medical professional. institution. It is prepared in writing or published in electronic format in the policyholder’s system. The second case implies the need to use an electronic signature of a separate medical officer(doctor) or honey. establishments.

Important! In order for an officially employed citizen to receive payments within the framework of the assigned benefit, he must provide a receipt confirming the amount of his salary.

This document serves as the basis in the process of carrying out settlement actions for the accrued benefit. The procedure for issuing a certificate confirming incapacity for work is carried out in accordance with the standards Federal Law. Sick leave is issued and provided in accordance with the procedure established by the Government.

Article 14

The benefit paid upon the occurrence of incapacity for work is calculated based on the average salary received by the employee in the organization for the last 2 years in accordance with Law 255.

If an employee works for more than one employer, then he has the right to claim several payments. Compensation is provided to the citizen as soon as he returns to work.

Accounting for the insurance period continues during pregnancy (maternity) leave and when caring for a child.

Payment of benefits is carried out for the past 2 years along with maternity leave.

No changes to latest edition did not have.

Watch the video. What does social insurance provide?

The procedure for providing a certificate of temporary incapacity for work

Nowadays, a certificate of incapacity for work is prepared on paper or transmitted electronically.

This innovation has significantly improved the interaction between employees and their employers on the issue under consideration.

Now the employee has no need to worry about damage to the document. Previously, there were many factors due to which problems could arise - the document was wrinkled, lost or liquidated due to the occurrence of insurmountable conditions. Obtaining a duplicate of a written document is a complex procedure.

Attention! How does it work electronic leaflet disability, can be seen in the table below:

Emergence insured event Each of the grounds sufficient to issue sick leave to an employee is described in Article 5 of Law 255.
As soon as an insured event occurs, the employee notifies the employer about this fact. If the employer has the opportunity to accept an electronic sick leave certificate, he informs the employee about this. The employee independently chooses in what form the document will be drawn up, so the choice electronic document available.
If the answer is positive If the answer is yes, then the doctor needs to be informed. The doctor responsible for preparing the document is responsible for preparing the electronic sick leave, putting his electronic signature on it.
As soon as the document is prepared, it is transferred to a single database The employer has a free opportunity to find the document in the database.
The management makes sure that its employee is really sick, and he is given sick leave Having made sure, management takes measures to fill out the appropriate lines, indicating the necessary information in them.
For this purpose, a unified electronic database of sick leave certificates is used. They can be freely checked by an FSS inspector

With the creation of such single base were connected in one chain: the employee, his employer and the FSS inspector. Using such a scheme, the interaction of these persons has become as simplified and effective as possible.

Calculation criteria

To find out the benefit amount, you should average salary, received by the employee per day, multiplied by the period of loss of opportunity to work. Benefit = salary per day x number of days of incapacity for work

If the period of loss of ability to work falls in 2018, then the calculation formula will include data for the past 2016, 2017.

Included in similar billing period all payments officially received by the employee in the organization for which contributions were made to the Social Insurance Fund.

Federal Law 255 Federal Law, as amended, on social insurance regulates the provision of benefits in cases of temporary disability in connection with maternity. It came into force on December 29, 2006, and 2017 will mark the start of important changes. For a better understanding, Federal Law 255 can be studied with comments.

Federal Law 255 Federal Law on compulsory social insurance - description of the law

Russian Federal Law 255 with its amendments and comments on compulsory social insurance determines the procedure, conditions, and amounts of providing benefits in cases of maternity and temporary disability.

According to the Russian Federal Law 255, as amended, each benefit depends on the length of the existing work experience when performing state (civil), municipal service, working under any employment contract, or other activities.

According to federal law, the amount of the required disability benefit will be 100% of the average earnings for people with 8 years of experience, when the experience is within 5-8 years, the assistance will be 80%, and sick leave a person working for less than 5 years will be paid at the rate of 60%, the amount cannot be less.

The Federal Law on Compulsory Social Insurance specifies that maternity benefits should be 100% of the available average earnings, but only when the woman has more than six months of experience. In any other case, assistance will not exceed 1 minimum wage.

The maximum amount of all benefits is determined by the state for each fiscal year separately. Temporary disability benefits in accordance with Federal Law 255 are accrued in the following situations:

  • 1. In case of illness or injury of the insured person;
  • 2. If you need to care for any family member;
  • 3. When quarantine is necessary for an insured person, a child under 7 years old;
  • 4. When prosthetics are performed;
  • 5. If you need further treatment in sanatoriums of the Russian Federation.

This legislative act on compulsory insurance indicates that any disability benefit must be paid until the person regains his ability to work or is recognized as disabled (in which case he will receive other monthly payments). All benefits are assigned within 10 days from the date of the person’s application.

Changes to Federal Law 255

This law was supplemented with important changes in 2017. So in average earnings included all types of remuneration and payments in favor of each insured person.

In addition, all powers to control the payment of contributions are transferred from the FSS, other off-budget funds To tax office, the exception will be making contributions for injuries. In view of this, in tax code a new chapter will appear. 255 of the Federal Law in the new edition with amendments indicates that the Federal Tax Service will receive the right to conduct desk, on-site inspections policyholders.

14 Article 255 Federal Law

The current Article 14 specifies how benefits should be calculated. Based on this article, payments should be calculated on the basis of the so-called average earnings, and for the last 2 years. When a woman spent one of these years on maternity leave, then, at her request, an earlier period of time can be taken for calculation if this leads to an increase in benefits. Even after dismissal, the average earnings of the previous policyholder must be taken into account when calculating benefits.

Article 15 255 Federal Law

Article 15 of the law on compulsory social insurance (255 Federal Law) specifies the terms for payment of money in case of temporary disability, pregnancy, childbirth, and when caring for a baby. Thus, 255-FZ with comments indicates that assistance is accrued, and necessarily, within ten days from the date of the person’s application necessary documents. If at the time of application there is not sufficient information about the person’s earnings for last years, then the calculation is still carried out, but on the basis of available data, with subsequent recalculation.

According to the law, payment of money occurs on the payday, and the nearest one. Payments are non-refundable, but with the exception of cases of dishonesty of the insured person or accounting errors. In these cases, according to this legislative act on compulsory social insurance, a refund is made, but the retained portion should not exceed 20% of the payment amount. For such actions, an organization order is required.

1. Assignment and payment of benefits for temporary disability, pregnancy and childbirth, monthly allowance child care is carried out by the insured at the place of work (service, other activity) of the insured person (except for the cases specified in parts 3 and 4 of this article).

2. If the insured person at the time of the insured event is employed by several policyholders and in the two previous calendar years was employed by the same policyholders, benefits for temporary disability, pregnancy and childbirth are assigned and paid to him by the policyholders for all places of work (services). , other activities), and the monthly child care benefit - the insured at one place of work (service, other activity) at the choice of the insured person and is calculated on the basis of average earnings determined in accordance with Article 14 of this Federal Law for the duration of work (service , other activities) from the insurer assigning and paying benefits.

2.1. If the insured person at the time of the insured event is employed by several policyholders, and in the two previous calendar years was employed by other policyholders (another policyholder), temporary disability benefits, maternity benefits, and monthly child care benefits are assigned and paid to him by the policyholder at one of the last places of work (service, other activity) at the choice of the insured person.

2.2. If the insured person at the time of the insured event is employed by several policyholders, and in the two previous calendar years was employed by both these and other policyholders (another policyholder), benefits for temporary disability, pregnancy and childbirth are assigned and paid to him or her in accordance with Part 2 of this article by the insured for all places of work (service, other activity) based on the average earnings during work (service, other activity) with the insurer assigning and paying the benefit, or in accordance with Part 2.1 of this article by the insured for one of last place of work (service, other activity) at the choice of the insured person.

3. An insured person who has lost his ability to work due to illness or injury within 30 calendar days from the date of termination of work under an employment contract, official or other activity, during which he was subject to compulsory social insurance in case of temporary disability and in connection with maternity, temporary benefits disability is assigned and paid by the policyholder at his last place of work (service, other activity) or by the territorial body of the insurer in the cases specified in part 4 of this article.

4. Insured persons specified in “Part 3 of Article 2” of this Federal Law, as well as other categories of insured persons in the event of termination of activities by the policyholder on the day the insured person applies for temporary disability benefits, maternity benefits, monthly child care benefits , or in the absence of the possibility of their payment by the policyholder due to insufficiency Money on his accounts in credit organizations and application of the order of debiting funds from the account provided for by the Civil “Code” Russian Federation, or if it is not possible to establish the location of the insured and his property, which may be subject to foreclosure, if there is a court decision that has entered into legal force establishing the fact of non-payment of benefits by such insured person to the insured person, or if on the day the insured person applies for the indicated benefits in relation to the policyholder, the procedures applied in the case of bankruptcy of the policyholder are carried out, the assignment and payment of these benefits, with the exception of temporary disability benefits paid at the expense of the policyholder in accordance with “clause 1 of part 2 of article 3” of this Federal Law, are carried out by the territorial body insurer.

5. The assignment and payment of benefits for temporary disability, pregnancy and childbirth are carried out on the basis of a certificate of incapacity for work issued by a medical organization in the form of a paper document or (with the written consent of the insured person) generated and posted in information system insurer in the form of an electronic document signed using an enhanced qualified electronic signature medical worker and a medical organization, if the medical organization and the insurer are participants in the system information interaction for the exchange of information for the purpose of generating a certificate of incapacity for work in the form of an electronic document. To assign and pay these benefits, the insured person submits a certificate (certificates) about the amount of earnings from which the benefit should be calculated from the place (places) of work (service, other activity) with another policyholder (other policyholders), and for the appointment and payment of the specified benefits by the territorial body of the insurer - a certificate (certificates) on the amount of earnings from which the benefit should be calculated, and determined by the federal executive body exercising the functions of developing and implementing public policy and legal regulation in the field of labor and social protection population, documents confirming insurance experience. The form, procedure for issuing and procedure for issuing certificates of incapacity for work, as well as the procedure for generating certificates of incapacity for work in the form of an electronic document are established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of healthcare, in agreement with the federal executive body , which carries out the functions of developing and implementing state policy and legal regulation in the field of labor and social protection of the population, and the Foundation social insurance Russian Federation. The procedure for information interaction between the insurer, policyholders, medical organizations and federal government agencies medical and social examination for the exchange of information for the purpose of generating a certificate of incapacity for work in the form of an electronic document is approved by the Government of the Russian Federation.

5.1. In the cases specified in parts 2.1 and 2.2 of this article, the insured person, when applying for benefits for temporary disability, pregnancy and childbirth to the policyholder at one of the last places of work (service, other activity) at the choice of the insured person, also submits a certificate (certificates ) from the place of work (service, other activity) with another policyholder (other policyholders) that the assignment and payment of benefits is not carried out by this policyholder.

6. To assign and pay a monthly child care benefit, the insured person submits an application for the appointment of the specified benefit, a birth (adoption) certificate of the child being cared for, and a copy of it or an extract from the decision to establish guardianship over the child, a birth certificate (adoption, death) of the previous child (children) and its copy, a certificate from the place of work (service) of the mother (father, both parents) of the child stating that she (he, they) does not use parental leave and does not receive monthly child care benefits, and if the mother (father, both parents) of the child does not work (does not serve) or is studying full-time in basic educational programs in organizations that provide educational activities, a certificate from the social protection authorities at the place of residence (place of stay, actual residence) the mother (father) of the child about non-receipt of monthly child care benefits. To assign and pay a monthly child care benefit, the insured person also submits, if necessary, a certificate(s) about the amount of earnings from which the benefit should be calculated. To assign and pay a monthly child care allowance in accordance with Part 4 of this article, a certificate (information) from the social protection authorities at the place of residence (place of stay, actual residence) of the father, mother (both parents) of the child about non-receipt of a monthly child care allowance for the child is requested by the insurer from the authorized executive body of the constituent entity of the Russian Federation, which has such information at its disposal. The insured person has the right, on his own initiative, to submit the specified certificate for the assignment and payment of benefits. The insurer's interdepartmental request for documents (information) is sent within three calendar days from the date of receipt of the application for payment of monthly child care benefits in accordance with Part 4 of this article. The period for preparation and sending by the authorized executive body of a constituent entity of the Russian Federation a response to the specified interdepartmental request cannot exceed five calendar days from the date of receipt of the interdepartmental request by the specified bodies.

7. An insured person employed by several insurers, when applying to one of these insurers of his choice for the appointment and payment of a monthly child care benefit, along with the documents provided for in Part 6 of this article, submits a certificate (certificates) from his place of work (service) , other activities) from another policyholder (from other policyholders) that the assignment and payment of monthly child care benefits is not carried out by this policyholder.

7.1. The insured person, instead of the original certificate of the amount of earnings, from which benefits for temporary disability, pregnancy and childbirth, and monthly child care benefits should be calculated, may submit a copy of the certificate of the amount of earnings, certified in the prescribed manner.

7.2. If the insured person is unable to submit a certificate(s) of the amount of earnings from which the benefit should be calculated from the place(s) of work (service, other activity) with another policyholder(s) due to termination of activity by this policyholder (these policyholders) or for other reasons, the policyholder assigning and paying benefits, or the territorial body of the insurer assigning and paying benefits in the cases specified in parts 3 and 4 of this article of this Federal Law, at the request of the insured person sends a request to the territorial body of the Pension Fund of the Russian Federation on the provision of information on wages, other payments and remunerations of the insured person from the corresponding policyholder (corresponding policyholders) based on information from individual (personalized) accounting in the mandatory system pension insurance. The form of the said application of the insured person, the form and procedure for sending the request, the form, procedure and deadlines for submitting the requested information by the territorial body of the Pension Fund of the Russian Federation are established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of social insurance.

8. The policyholder pays temporary disability benefits, maternity benefits, and monthly child care benefits to the insured person in the manner established for paying wages (other payments, remunerations) to insured persons.

9. Payment of benefits for temporary disability, pregnancy and childbirth, monthly child care benefits in the cases provided for in part 4 of this article is carried out in the established amounts by the territorial body of the insurer that assigned these benefits, through the organization of the federal postal service, credit or other organization at the request of the recipient.

10. Information on the assignment and payment to insured persons in the cases provided for in part 4 of this article, temporary disability benefits, maternity benefits, and monthly child care benefits is posted in the Unified State Social Security Information System. The placement and receipt of this information in the Unified State Social Security Information System is carried out in accordance with Federal Law of July 17, 1999 N 178-FZ “On State Social Assistance”.

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 will lead to an increase in the amount of the benefit.

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 minimum size wages established by federal law on 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 case. 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 remunerations in favor of the insured person, which are accrued insurance premiums 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, Social Insurance Fund of the Russian Federation, Federal Fund compulsory medical insurance" (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 which a reduced rate of insurance contributions to the Social Insurance Fund of the Russian Federation was applied in the amount of 0 percent, the average earnings on the basis of which benefits for temporary disability, pregnancy and childbirth, monthly child care benefits are calculated, include 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 dated 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, 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) in the corresponding calendar year and do not exceed the maximum value of the base for accrual 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 for the retained wages during this period, no insurance contributions were accrued to the Social Insurance Fund of the Russian Federation in accordance with Federal Law dated 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).

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 and monthly child care benefits, determined in accordance with Part 3.1 of this article, cannot exceed the amount determined by dividing the amount by 730 limit values base for calculating insurance contributions to the Social Insurance Fund of the Russian 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 daily benefits for temporary disability, pregnancy and childbirth is calculated by multiplying the average daily earnings the insured person for the amount of the benefit established as a percentage of 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 less than a full calendar month, the monthly child care benefit is paid in proportion to the number of calendar days (including non-working days). holidays) per month during the period of care.

6. Lost power.

7. Features of the procedure for calculating benefits for temporary disability, pregnancy and childbirth, monthly child care benefits, including for individual categories of insured persons are determined by the Government of the Russian Federation.