Maternity benefits for unemployed women

The most common question that the editor receives from future parents is: what payments can you expect if a woman did not work before her maternity leave? Situations can be very different: self-employment, salary in an envelope, study and more. We will explain what benefits women are entitled to in connection with pregnancy and childbirth, child care, if there is no official work and income. We'll tell you whether it makes sense to get a job during pregnancy for the sake of benefits.

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Is maternity leave paid?

Child care benefits are provided to women regardless of their social status, which, among other things, presupposes the presence/absence of work for the expectant mother.
Moreover, after going on maternity leave, a non-working mother can count on a one-time regional-type benefit for her first child and a monthly “maternity payment”.

Expert opinion

Nikishina Anastasia Yurievna

General Director of the law firm Pravo Consult. More details

Important! The main document giving the right to benefits and allowances is a certificate from a medical consultation. If a woman does not register, then she does not have rights to benefits.

Please note that the amount of payment provided to a non-working mother for child care is regulated by local authorities.

Types of benefits

Today in the Russian Federation, young mothers and families with children are offered a large number of diverse benefits. As for the unemployed, like others, regardless of status and professional activity, they have the right to receive the following payments:

• one-time payment in the amount of 15,512.65 rubles;
• monthly in the amount of 2908.62 rubles for the first child and 5817.24 rubles for the second and subsequent children. Paid until the end of one and a half years. Regardless of whether a woman is employed or not, she can count on a number of additional payments, namely such as:

1. Social benefits provided monthly:

• Low-income large families will be provided with an amount that is established at the regional level for the 3rd and subsequent children under three years of age.
• To raise a child whose father is a military man. A payment is made in the amount of 10,528.24 rubles until the age of three. The payment can be provided to both the mother and the guardian who is raising the baby.
• If the child is placed in foster care with another family. In this case, the family will receive 15,512.65 rubles. The form of placement of the baby does not matter: foster family, guardianship, adoption or guardianship.

1. Social benefit, which is provided at a time:

• Provided to the wife of a conscript who is pregnant. The size is 24565.89 rubles. Moreover, the pregnancy should not be less than 180 days.

It should also be noted that currently non-working mothers are also divided into certain categories:

• never worked;
• temporarily unemployed;
• dismissed upon liquidation of the enterprise.

All these categories can count on the above benefits. Just one point should be taken into account, those who are going to go on maternity leave, previously working (for the previous two years), can count on receiving monthly assistance for a small child until the age of 1.5 years. average monthly earnings for the last two years.

And those expectant mothers who became temporarily unemployed due to the liquidation of the enterprise can count on the fact that payments will be made to them directly from the Social Insurance Fund.

Regional payments

Each federal subject has its own regional benefits. In some regions, the government has established maternity capital for 2 and 3 children born after January 1, 2011. In the Moscow region, for example, the amount of this payment is 100 thousand rubles.

The authorities in Nizhny Novgorod also pay regional capital. It is received by families in which the second child was born after September 1, 2011. But the amount of this monetary compensation is less than in Moscow. It is 25 thousand rubles. And for the third and subsequent children, maternity capital increases to 100 thousand rubles. The procedure for receiving regional payments is established separately for each constituent entity of Russia.

Regional payments are assigned simultaneously with federal ones. Therefore, residents of the regions receive double subsidies from the state. However, not everywhere regional authorities decide on additional incentives for families.

about the author

Klavdiya Treskova - higher education with qualification “Economist”, with specializations “Economics and Management” and “Computer Technologies” at PSU. She worked in a bank in positions from operator to acting. Head of the Department for servicing private and corporate clients. Every year she successfully passed certifications, education and training in banking services. Total work experience in the bank is more than 15 years. [email protected]

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Conditions of receipt

In order to receive payments for a small child to expectant mothers who are unemployed, the following conditions must be met:

• must be declared unemployed;
• provide a package of relevant documents to the social security authorities;
• be citizens of the Russian Federation.

These three conditions are mandatory and must be met by every woman who is temporarily unemployed or has unemployed status.

How can a non-working grandmother go on maternity leave?

It often happens that a parent cannot, for some reason, leave her place of work and go on postpartum maternity leave. It is at such moments that close relatives come to the rescue.

The Labor Code of the Russian Federation makes it possible for not only the mother, but also the father and even the grandmother to go on parental leave to care for a small child. At the same time, it is necessary to understand that if the grandmother does not work, she will not be provided with payments. The exception is the death of parents.

So all that a family can count on is social benefits for families with low incomes, compensation for feeding a child until the age of three, and in some regions of the country even a deduction of a certain percentage from the amount that the family pays for the use of utilities.

Maternity payments and why they are needed

Maternity benefits - state assistance to the expectant mother Maternity payments are state assistance for women preparing to give birth to a child. The state undertakes financial obligations to provide for the woman not only in the last months before childbirth, but also in the first two months after the birth of the child. Paid leave is provided for a period of 140 days: half of the leave for the prenatal period, and half for the postpartum period.

In the case of the birth of twins or triplets, 54 days more are provided, that is, 194 days of vacation. In addition, a pregnancy recognized as complicated gives the right to 156 days of paid leave. These payments are necessary, since a pregnant woman in later stages loses her previous ability to work.

In some professions it is possible to work until childbirth, but most often a woman in this condition cannot cope with an eight-hour working day and high workload. Pregnancy requires adherence to a strict diet and constant medical monitoring, which is not combined with strict working hours.

From the point of view of the law, maternity payments are recognized as wages - taxes are withheld from them. The time spent on maternity leave is taken into account in the work book. Working-age mothers receive benefits equal to the average income for the last two years of work. If during this period a woman managed to change several jobs, then the average salary of the latter is taken into account.

In case of simultaneous employment in different organizations, a woman has the right to choose only one. The state limits the maximum amount of payments received. In 2021 it is 265 thousand rubles. You will not be able to receive more than this amount for the entire vacation period. If you received a salary at your last job that does not exceed the minimum wage, you can count on maternity payments according to the minimum wage.

Monthly payments

In addition to the payments listed in the previous section, women can receive:

1. Payments for child care up to 1.5 years old - 40% of average income for the last 2 years. But, as when calculating maternity payments, the average minimum and maximum amount is calculated for them.
2. Compensation for children under 3 years old is in the amount of the subsistence minimum for the second quarter of the previous year.

These payments are financed from the budget of the Russian Federation. All mothers, including unemployed women, can receive them, but under certain conditions. The following are not entitled to payments from the state:

• citizens of Russia, foreigners or stateless persons who have been deprived of their parental rights;
• Russian citizens who have moved for permanent residence to another country;
• foreigners, citizens of Russia or stateless persons whose children are supported entirely at the expense of public funds.

All other women who are not on this list may qualify for benefits. If the expectant mother is single, then she is provided with other types of government payments.

Who is entitled to maternity benefits?

Such payments are initially intended to provide financial support to working women - the corresponding contributions, the amount of which depends on earnings, are made by the employer. In such a situation, only the fact of having official employment at the time of pregnancy already guarantees maternity leave with monthly payments.

The law also provides for the possibility of receiving maternity leave for mothers who are laid off a month before going on maternity leave. Ladies engaged in entrepreneurial activities do not do without payments, if they are officially registered and make the necessary contributions. The law also protects other categories of women. Full-time students receive fixed payments along with a scholarship.

Military personnel and government employees also receive assistance. However, many people have a question: what to do with those women who are not officially employed at the time of pregnancy and have not left any position recently? The law says that this category of women will also receive financial support. But first things first.

First, let's look at what benefits are available to women and how they are issued on a general basis. For officially employed people on maternity leave, the legislation provides monthly financial assistance equal to the average income for the previous two years of work.

To receive such benefits, you must be registered for pregnancy and regularly pay social insurance contributions. This paragraph does not take into account unemployed persons. Expectant mothers who register for gynecological registration before the twelfth week of pregnancy can receive additional fixed assistance. This point also does not apply to the unemployed, since the payment is in addition to payments from the place of work. Exceptional cases are full-time training and dissolution of the former place of work.

There are situations when the labor organization where a woman worked was disbanded before the need to receive leave. In this case, minimum monthly benefits are due. The loss of a job in such an organization is taken into account no later than a year ago. A woman can count on a minimum allowance if she ceases her individual entrepreneurial activity no later than a year ago.

Sometimes, for one reason or another, an employer fires an employee who is on maternity leave. In this situation, the woman will receive payments equal to the average income in this organization for the last two months.

Amount of minimum maternity leave in 2021

When determining the amount of the minimum possible maternity benefits, one should be guided not only by Law No. 255-FZ, but also by the Regulations on the specifics of calculating benefits (approved by Decree of the Government of the Russian Federation dated June 15, 2007 No. 375). With regard to the calculation of the minimum wage for compulsorily insured persons, the Regulations prescribe:

• apply a regional coefficient to the amount of this minimum (clause 11(1));
• the minimum wage value corresponding to the start date of maternity leave should be spread over 24 months and divided by 730 days (clause 15(3));
• do not take into account the fact of working part-time (clause 16).

For those who are voluntarily insured, the calculation of the average daily benefit amount will be different (clause 15.4 of the Regulations):

• the regional coefficient for the minimum wage is not used here;
• The amount of daily benefits is determined by dividing the federal minimum wage by the number of calendar days in the month the maternity leave begins.

What will be the minimum amount of maternity payments in 2021? The minimum wage has been increased to 12,792 rubles from 01/01/2021. Calculation from it will give the following values ​​of the minimum average daily benefit:

• for compulsorily insured persons - 12,792 × 24 / 730 = 420.56 rubles;
• for voluntarily insured persons (in relation to months with the largest number of calendar days in them) - 12,792 / 31 = 412.65 rubles.

The full amount of the minimum maternity payment in 2021, as in previous years, depends on the duration of maternity leave, which in a standard situation is 140 calendar days. With it, the minimum maternity leave is equal to:

• for compulsorily insured persons - 420.56 × 140 = 58,878.40 rubles;
• for voluntarily insured persons - 412.65 × 140 = 57,771.00 rubles.

However, these amounts may be further reduced if the woman does not use maternity leave in full or is the adoptive parent of a newborn.

Regarding non-working and unemployed mothers

Unemployed mothers are not left without payments; they can register at the city employment center, where they will apply for unemployment benefits.

This status does not give the right to receive benefits related to pregnancy and care, however, at a later date, you can issue a certificate of incapacity for work, which will eliminate the need to visit the employment center during the specified period.

There is a benefit that is calculated once after the birth of the baby. Often the child’s father determines the possibility of receiving such assistance for an unemployed mother. If the father works, then the benefit is issued directly at his place of work. If both parents do not work, the city social protection center issues the money.

An unmarried woman also receives this assistance at the social protection center. Full-time students can choose one of two ways to receive benefits:

1. Fixed deductions every month from the moment of birth until the age of one and a half years.
2. Fixed deductions from the end of the academic leave until the child reaches one and a half years of age.
3. Deductions will be equal to the current scholarship amount.

The minimum benefit for unemployed people during pregnancy is 600 rubles. After the birth of a child, for one and a half years it will be possible to receive about 3,000 rubles per month for one child and about 6,000 rubles for the second. This does not count 16,000 rubles, paid once after childbirth.

Why open a certificate of incapacity for work?

Why does an unemployed woman need to apply for sick leave? This document is the only basis for receiving social payments and benefits for pregnant women.

• Any unemployed woman can receive benefits from the employment service for 12 months. A sick leave under the BIR extends this period by the number of days specified therein.
• You will be paid for the entire vacation according to BiR lasting 140, 156, 194 days - 581.73 rubles. for each month of maternity leave (read more about how long sick leave lasts according to the BIR here).
• During maternity leave, you cannot be deregistered at the employment center.
• Your unemployment benefit payment will be extended for the entire period of your maternity leave.

The conditions are valid for 12 months if the dismissal occurred due to the liquidation of the organization. In case of voluntary dismissal and a break in work for more than a year for other reasons, BIR benefits are not accrued.

How and where to get it?

1. The document is drawn up in the antenatal clinic on a standard A4 size form with the necessary watermarks and serial number.
2. It must be certified by the signature and seal of a gynecologist, and the sheet must also bear the seal of the antenatal clinic and the registration number.
3. The sheet is filled out without corrections; in case of an error, the doctor must write “believe the corrected” and confirm it with his signature.
4. Sick leave is issued according to the BIR at the 30th week of pregnancy, in some cases (for example, when several babies are expected) at the 28th week.

The following is an example of a completed certificate of incapacity for work for pregnancy and childbirth:

Sick leave according to the BIR is also issued when adopting a child under 3 months of age. In this case, it is issued at the institution at the place of birth of the adopted child for a period of 70 days.

Regular visits to the antenatal clinic and timely registration of sick leave make it possible to count on the maximum possible payments to the expectant mother.

Read more about applying for sick leave for pregnancy and childbirth and obtaining a certificate of incapacity for work here.

Documents for processing cash payments

A medical certificate confirming the fact of pregnancy is a prerequisite. Each of the above-mentioned categories of unemployed and non-working people has different procedures for processing payments.

An unemployed woman can receive the money she is entitled to upon presentation of the following documents to the social security authorities:

1. Statement of need for benefits.
2. Child's birth certificate.
3. A copy of the work record book, if the woman lost her job due to its liquidation.
4. Data on the amount of income at the former place of work.
5. A certificate from the employment center indicating that the woman is not registered for unemployment benefits.
6. Certificate stating that the child lives with his mother or father in the Russian Federation.
7. Passport.

Is it worth getting a job during pregnancy to get maternity benefits?

Pregnant women cannot have their labor rights infringed upon. Pregnancy cannot become a basis for refusal of employment, and it is impossible to dismiss such an employee at the initiative of the employer.

If a woman manages to find a job while already pregnant, she will be able to receive maternity leave.

How long do you need to work to receive maternity leave?

The amount of maternity benefits a woman will receive if she goes to work depends on her work experience. If she worked in the previous 2019-2020 years, then her earnings will be taken into account when calculating benefits.

Even if a woman has not worked anywhere and her experience in a new place has not exceeded 6 months, she will still be paid maternity leave, but on the basis of the minimum wage. In 2021, the minimum amount of maternity benefits will be 58,878.4 rubles.

Is it worth joining the labor exchange?

If a woman is on the labor exchange and becomes pregnant, she will be paid maternity benefits only if her employer is liquidated.

If a woman worked, but quit during pregnancy of her own free will, then she is not entitled to maternity leave - even if she is registered with the labor exchange.

But she will be able to receive unemployment benefits. In 2021, its minimum amount is 1,500 rubles. monthly, maximum – 12130 rub.

How to get a one-time benefit when a newborn is born

Expert opinion

Nikishina Anastasia Yurievna

General Director of the law firm Pravo Consult. More details

In accordance with the current legislation, one of the parents or a person replacing him has the right to receive a lump sum benefit upon the birth of a child. In the event of the birth of two or more children, the specified benefit is paid for each child. In the event of a stillbirth, the specified benefit is not paid - Art. 11 of Law No. 81-FZ.

Receiving this type of financial support directly depends on the following factors:

• does the young mother have a husband?
• Is he employed?

If a young mother underwent full-time training before giving birth, then she must contact the Social Protection Service for one-time assistance (Order of the Ministry of Social Development of the Russian Federation No. 1012n dated December 23, 2012, Article 30).

Expert opinion

Nikishina Anastasia Yurievna

General Director of the law firm Pravo Consult. More details

The size of the one-time benefit for the birth of a child is 8,000 rubles, excluding indexation. From February 1, 2021, benefits are paid in the amount of 18,004 rubles 12 kopecks - RF RF No. 61 dated January 29, 2020.

What other innovations came into force in 2021

Innovations for other payments for children, which were adopted by legislators and have already entered into force in 2021:

1. Raising the minimum income . The minimum wage has increased since 2021, and on its basis the amount of other benefits, for example, for pregnancy and childbirth, is calculated. This year, the lowest average daily income, which is taken as the basis for calculating benefits, is 398.79 rubles, and last year this amount was 370.85 rubles.
2. New maximum average income. The maximum amount of financial assistance for pregnant and postpartum women is also increasing. For 2019 and 2021, the highest insurance premiums were 865 and 815 thousand rubles. Based on these numbers, the average daily maximum income will be 2301.37 rubles. The largest benefit during maternity leave will be 322,191.80 rubles. In 2021, the maximum benefit was 21 thousand rubles less.

Also, from February 1, 2021, the amounts of other fixed payments will change. They depend on the coefficient, which this year is 1030.

One-time benefit for a child from 3 to 16 years old

At the moment, during the pandemic and self-isolation regime, a one-time payment is provided for each child aged 3 to 16 years, which is established by Decree of the President of the Russian Federation dated 04/07/2020 N 249 “On additional measures of social support for families with children.”

Payments in the amount of 10,000 rubles are made starting from June 1, 2020 to citizens of the Russian Federation living in the Russian Federation for each child aged 3 to 16 years who has citizenship of the Russian Federation (provided the child reaches the age of 16 before July 1, 2021 ).

You can submit an application for a one-time payment until October 1, 2021 through your personal account on the Unified Portal of State and Municipal Services.”

On a note. A one-time payment is not taken into account as part of the income of the families of payment recipients when providing them with other measures of social support.

Changes in payments from 2020

In 2021, families for their first and second child will be able to receive payments until they turn 3 years old. The amounts of all other child and pregnancy benefits will increase, since from 2021 the minimum wage amount has increased to 12,130 rubles. New rules for compensation payments:

1. Parents of children born after January 1, 2021 will be paid monthly payments if the average family income does not exceed two minimum wages established in their region of residence. In this case, the minimum wage for the second quarter of the previous year is taken as a basis. In 2021, these benefits were received only by those families whose average income was less than 1.5 times the minimum income. Now the number of families applying for payments and meeting the conditions will be many times greater.
2. In 2021, payments for children are received until they reach the age of 3. But to qualify for these benefits, you need annual proof of income for all family members. Payments for the first child are issued by the social protection authorities, and for the second - by the Pension Fund. When calculating the amount of cash assistance, the cost of living for children in the second quarter of the previous year is taken as a basis.

In 2021, payments were issued only for children up to the age of 1.5 years.

Where can I get it?

To the question of where an unemployed woman can go in order to receive the cash payments due, the answer is obvious: to the Social Security office at her place of registration.

After submitting the documents, Social Security employees have ten days to check the documentation and assign benefits due to the mother.

Payments are made by transfer through post offices or transferred to the applicant to the bank account of the bank card specified when submitting the application.

Benefits must be transferred by the 26th day of the month following the month of submission of documents. It happens that a woman does not have the opportunity to submit an appropriate application to the social security authorities at her place of permanent registration.

Then she should contact the social service at her actual place of residence. In this case, in addition to the above documents, she must attach a certificate from the social security authority at her place of registration stating that she did not receive benefits there.

Summary

1. According to general rules, unemployed women are not entitled to benefits. Legislators made an exception for those dismissed due to the liquidation of the employer, students, and women contract workers.
2. Unemployed pregnant women dismissed due to liquidation receive a fixed amount of benefits
3. Female students are paid maternity benefits based on the amount of the scholarship established by the educational institution.
4. Military personnel receive maternity benefits in the amount of monetary allowance.
5. Benefits for women who were forced to quit due to the transfer of their husband, for medical reasons, or because of the need to care for a seriously ill family member are paid in the amount of average earnings for the previous two years.
6. An application for payment, complete with supporting documents, must be submitted within six months after going on maternity leave.
7. Unemployed people can apply for maternity leave at the social security authorities at their place of residence, for students at the dean’s office at their place of study, and for military personnel at their place of service.
8. In addition to maternity leave, unemployed women can take advantage of other government support measures for families with children.

Who is entitled to receive maternity benefits for unemployed pregnant women?

The regulatory framework for the payment of maternity benefits to the unemployed is:

1. Law of May 19, 1995 No. 81-FZ “On state benefits for citizens with children.”
2. Chapter 4 of the Federal Law of December 29, 2006 N 255-FZ “On Compulsory Social Insurance in Case of Temporary Life”.
3. Order of the Ministry of Health and Social Development of the Russian Federation dated December 23, 2009 N 1012N “On approval of the Procedure and conditions for the appointment and payment of state benefits to citizens with children.”

According to these regulations, maternity payments to the unemployed are accrued to women belonging to the following categories:

• those fired from work a year before pregnancy due to the closure of the organization and employed at the labor exchange;
• dismissed from work during maternity leave due to the liquidation of the enterprise;
• female students studying in full-time departments of institutes, universities, colleges, technical schools and graduate schools;
• persons performing contract public service (in the army, customs, Ministry of Emergency Situations)

Only the listed categories of citizens related to non-working mothers are entitled to maternity benefits. And these are rather exceptions to the general rule; in most cases, maternity payments are not provided to the unemployed.

These include the following:

• if women have never had official employment, that is, amounts were not deducted from their income into the social insurance fund;
• if a woman quit her job of her own free will;
• if the woman applying for payment is studying part-time.

Unemployed pregnant women belonging to the above categories are not entitled to claim maternity benefits.

Comments: 182

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Author of the article: Klavdiya Treskova

Consultant, author Popovich Anna

Financial author Olga Pikhotskaya

1. Ksenich
   09.15.2021 at 23:21 Hello! I’m busy at the center, I’m almost 30 weeks pregnant, can I get benefits under the BIR on sick leave? The status has been assigned to the unemployed f CZN. Where to go?
   Reply ↓ Anna Popovich
   09.19.2021 at 17:57

   Dear Ksenia, no, only women who have taken maternity leave have the right to receive benefits; maternity leave is not paid to unemployed women.

   Reply ↓

2