If he violated the law of 255 fz. New rules for calculating benefits for temporary disability, pregnancy and childbirth, monthly allowance for child care. The procedure for granting a temporary disability certificate

The Social Insurance Fund of the Russian Federation (hereinafter referred to as the Fund) brings to your attention that on December 8, 2010, the President of the Russian Federation D.A. Medvedev signed Federal Law No. 343-FZ “On Amendments to the Federal Law “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood” (hereinafter Federal Law No. 343-FZ). This federal law came into force on January 1, 2011.

Federal Law No. 343-FZ introduced the following significant changes to Federal Law No. 255-FZ of December 29, 2006 “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood”.

1. In accordance with paragraph 1 of Part 2 of Article 3 of Federal Law No. 255-FZ of December 29, 2006 “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood”, as amended by Federal Law No. 343-FZ (hereinafter referred to as Law No. 255- FZ) the period of payment at the expense of the insured has been increased from two to three days temporary disability benefits in case of illness or injury of the insured person, including in connection with an operation for artificial termination of pregnancy or in vitro fertilization. Currently, the employer pays for the first 2 days of temporary disability (see table No. 1).

2. Changed the procedure for calculating benefits for temporary disability, for pregnancy and childbirth, monthly allowance for child care (hereinafter referred to as benefits) . At the same time, the changes affected not only the settlement period for which the earnings of the insured person will be taken into account when calculating benefits, but also the procedure for determining the average earnings for their calculation, as well as the procedure for calculating benefits.

So, according to part 1 of article 14 of Law No. 255-FZ, benefits will be calculated based on the average earnings of the insured person, calculated for two calendar years preceding the year of occurrence of the insured event, including for the time of work (service, other activities) with another policyholder (other policyholders) (see tables No. 3, 4, 5, 12, 13).

Please note that the average earnings for the time of work (service, other activities) with another insurant (other insurers) should not be taken into account in cases where benefits for temporary disability, pregnancy and childbirth, by virtue of Part 2 of Article 13 of Law No. 255-ФЗ are assigned and are paid to the insured person at all places of work (service, other activities) (see Table No. 3, 5).

For persons who, in the two calendar years immediately preceding the year of temporary disability, maternity leave, parental leave, or in one of the indicated years, were on maternity leave and (or) parental leave , Law No. 255-FZ provides for the possibility of replacing the corresponding calendar years (calendar year) with the previous calendar years (calendar year) at the request of the insured person, provided that this will lead to an increase in the amount of benefits (see table No. 10).

3. The approach to determining the insured who appoints and pays insurance coverage to the insured person has been changed in the following cases:

1) if the insured person at the time of the occurrence of the insured event is employed by several policyholders and was employed by the same policyholders in the previous two calendar years:

allowances for temporary disability, pregnancy and childbirth are assigned and paid to him by insurers at all places of work (service, other activity), and are calculated based on the average earnings for the time of work (service, other activity) with the insured who assigns and pays the allowance (without accounting for earnings from another insured) (see tables No. 2, 3);

· a monthly allowance for child care is assigned and paid by the insured at one place of work (service, other activity) at the choice of the insured person (see tables No. 11, 12, 13);

2) if the insured person at the time of the insured event is employed by several policyholders, and in the previous two calendar years was employed by other policyholders (another policyholder), the above 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 (see tables No. 2, 4);

3) if the insured person at the time of the occurrence of the insured event is employed by several insurers, and in the two previous calendar years was employed by both these and other insurers (another insured), benefits for temporary disability, pregnancy and childbirth are assigned and paid to him (see tables No. 2, 5):

or at all places of work (service, other activity) based on the average earnings for the time of work (service, other activity) with the insured who assigns and pays the allowance (see paragraph 1);

· or by the insured at one of the last places of work (service, other activities) at the choice of the insured person (see paragraph 2).

4. Part 1 1 of Article 14 of Law No. 255-FZ provides for a provision on the calculation of benefits based on the minimum wage established by federal law on the day the insured event occurs in cases (see table No. 9):

· if the insured person had no earnings during the above periods;

· if the average earnings calculated for the above periods, calculated for a full calendar month, are lower than the minimum wage established by federal law on the day of the insured event.

At the same time, it should be borne in mind that if at the time of the occurrence of the insured event the insured person works on a part-time basis, the average earnings, on the basis of which benefits are calculated in these cases, is determined in proportion to the duration of the insured person's working hours (see table No. 9).

5. According to part 2 of article 14 of Law No. 255-FZ, from 2011, the average earnings, on the basis of which benefits are calculated, will include all types of payments and other remuneration in favor of the insured person, for which insurance contributions to the Fund(in the current year, the average earnings include all types of payments and other remuneration in favor of the employee, which are included in the base for calculating insurance premiums to the Fund) (see table No. 7).

At the same time, the specified average earnings must be taken into account for each calendar year in an amount not exceeding that established in accordance with Federal Law No. compulsory medical insurance and territorial funds of compulsory medical insurance” for the corresponding calendar year, the maximum amount of the base for calculating insurance premiums to the Fund. For the period up to January 1, 2010, and for persons working under employment contracts with policyholders applying special tax regimes - for the period up to January 1, 2011, the base limit is 415,000 rubles for each calendar year (Article 2 of Federal Law No. 343-FZ) (see table No. 8).

At the same time, the norm on limiting the average daily earnings of the insured person when calculating benefits for temporary disability, pregnancy and childbirth, by the average daily earnings, determined by dividing the maximum value of the base for calculating insurance premiums to the Fund on the day of the insured event, by 365 (and for a monthly childcare allowances - the rule on limiting the average earnings of the insured person by the average earnings, determined by dividing the maximum value of the base for calculating insurance premiums to the Fund on the day of the insured event by 12) has been canceled since 2011 (see table No. 6).

Please also note that from next year the average daily earnings of the insured person will be determined by dividing the amount of accrued earnings for the billing period at 730(Part 3 of Article 14 of Law No. 255-FZ). That is, the number of calendar days falling on the period for which wages are taken into account, from 2011 will not matter when calculating benefits (see tables No. 6, 7).

6. Law No. 255-FZ establishes additional rights, duties and responsibilities of policyholders and insured persons.

In particular, from 2011, policyholders will be required to issue to the insured person on the day of termination of work or upon his written application a certificate of the amount of earnings for two calendar years preceding the year of termination of work or the year of applying for a certificate, and the current calendar year for which the insurance was accrued. contributions (paragraph 3 of part 2 of article 4 1 of Law No. 255-FZ). The form and procedure for issuing this certificate will be approved by the Ministry of Health and Social Development of Russia.

At the same time, the insurers will be responsible for the accuracy of the information contained in the documents issued by them to the insured person and necessary for the appointment, calculation and payment of benefits, which is enshrined in the new article 15 1 of Law No. 255-FZ.

The insured who appoints and pays benefits to the insured person is also entitled to send requests to the territorial bodies of the Fund in order to verify information about the insured person (insured persons) who issued (have issued) to the insured person a certificate (certificates) on the amount of earnings necessary for calculating benefits (paragraph 4 part 1 of article 4 1 of Law No. 255-FZ). The form and procedure for sending such requests will be approved by the Russian Ministry of Health and Social Development.

In turn, the insured person has the right to receive from the policyholder a certificate of the amount of earnings necessary for calculating benefits (paragraph 2 of part 1 of article 4 3 of Law No. 255-FZ). However, insured persons are also liable for submitting documents with knowingly false information, including certificates (certificates) on the amount of earnings from which these benefits are calculated (Part 4 of Article 15 of Law No. 255-FZ).

7. Federal Law No. 343-FZ provides for the possibility of recalculating benefits to insured persons for the period from January 1, 2011 in accordance with the norms of Law No. 255-FZ in a new edition for insured events that occurred in the current year and continued or ended in 2011. Such a recalculation is possible provided that the amount of the benefit calculated in accordance with Law No. 255-FZ in the new version exceeds the amount of the benefit due under the norms of Law No. 255-FZ, as amended, in force before January 1, 2011 (Article 3 of the federal law No. 343-FZ).

In addition, Law No. 255-FZ specifies the rules governing the payment of temporary disability benefits for a period of downtime (part 7 of article 7, paragraph 5 of part 1 of article 9), establishing a list of documents required for the calculation and payment of benefits (parts 5, 5 1, 6, 7 1 of article 13).

In accordance with paragraph 5 of the order of the Fund dated December 14, 2010 No. 269 "On the organization of work on the implementation of the Federal Law" On Amendments to the Federal Law "On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Maternity", the managers of the regional offices of the Fund must conduct organizational measures with employees of the regional branches of the Fund and their branches, as well as with policyholders on the application of new rules established by federal law governing the procedure for calculating and paying benefits for temporary disability and in connection with motherhood from January 1, 2011, to ensure explanatory work in connection with with the implementation of federal law No. 343-FZ.

Federal Law of December 29, 2006 N 255-FZ "On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood" (as amended)

Information about changes:

Federal Law No. 213-FZ of July 24, 2009 reworded the name, which shall enter into force on January 1, 2010.

Federal Law No. 255-FZ of December 29, 2006
"On compulsory social insurance in case of temporary disability and in connection with motherhood"

With changes and additions from:

February 9, July 24, 2009, September 28, December 8, 2010, February 25, July 1, November 28, December 3, 2011, December 29, 2012, April 5, July 2, 23, November 25, 2013 April 2, June 28, July 21, December 1, 31, 2014, December 29, 2015, March 9, July 3, 2016, May 1, 2017, March 7, June 27, 2018

This Federal Law (as amended by Federal Law No. 343-FZ of December 8, 2010) applies when assigning, calculating and paying benefits for temporary disability, for pregnancy and childbirth, and a monthly benefit for caring for a child for insured events that occurred from the date of entry into force. by virtue of the said Federal Law, except for the cases specified in Parts 2 and 3 of Article 3 of the said Federal Law

See comments to this Federal Law

President of Russian Federation

The federal law determines the conditions, amounts and procedure for providing benefits for temporary disability, for pregnancy and childbirth to citizens subject to compulsory social insurance.

Previously, in accordance with paragraph 30 of the Regulations, approved by the Decree of the Presidium of the All-Union Central Council of Trade Unions of November 12, 1984 N 13-6, the amount of the allowance was determined depending on the length of continuous work experience. In accordance with the law, the amount of the benefit depends on the length of the insurance period, which includes periods of work under an employment contract, state civil or municipal service, as well as periods of other activities during which the citizen was subject to compulsory social insurance in case of temporary disability and in connection with motherhood. The amount of the temporary disability benefit is: 100% of the average earnings for persons with an insurance record of 8 or more years; 80% - for persons with insurance experience from 5 to 8 years and 60% if the insurance experience is less than 5 years. The benefit for pregnancy and childbirth is paid to an insured woman in the amount of 100% of the average earnings, if she has an insurance period of more than 6 months, otherwise the amount of the benefit should not exceed 1 minimum wage.

It is established that the federal law on the budget of the Social Insurance Fund of the Russian Federation for the next financial year determines the maximum amount of disability benefits, as well as benefits for pregnancy and childbirth.

Temporary disability benefit is granted in the following cases:

1) disability due to illness or injury, including in connection with an operation for artificial termination of pregnancy or in vitro fertilization;

2) the need to care for a sick family member;

3) quarantine of the insured person, as well as the quarantine of a child under the age of 7 attending a preschool educational institution, or another family member recognized as legally incompetent;

4) implementation of prosthetics for medical reasons in a stationary specialized institution;

5) follow-up treatment in accordance with the established procedure in sanatorium-resort institutions located on the territory of the Russian Federation, immediately after inpatient treatment.

At the same time, temporary disability benefits due to illness or injury are paid for the entire period of disability until the day of restoration of working capacity or the establishment of disability with limited ability to work. Disabled persons are paid temporary disability benefits for no more than four consecutive months or five months in a calendar year, except for the case of tuberculosis. In the event that temporary incapacity for work has occurred as a result of a deliberate infliction of harm to one's health or a suicide attempt established by the court, or as a result of a deliberate crime committed by a person, the award of temporary disability benefits is refused. If temporary disability has occurred due to illness or injury, then the payment of benefits for the first two days of temporary disability is carried out at the expense of the employer, and starting from the third day - at the expense of the Social Insurance Fund. In other cases, the payment of benefits is carried out at the expense of the Fund.

The term for applying for temporary disability benefits, pregnancy and childbirth benefits is six months from the date of restoration of working capacity or the end of maternity leave, respectively. The employer assigns benefits for temporary disability, pregnancy and childbirth within 10 calendar days from the date the person applied for it with the necessary documents and pays benefits on the next day after the appointment, set for the payment of wages.

The federal law comes into force on January 1, 2007 and applies to insured events that occur after the date of its entry into force.

Federal Law of December 29, 2006 N 255-FZ "On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood"

This document has been modified by the following documents:

Federal Law No. 192-FZ of June 28, 2014 (as amended by Federal Law No. 250-FZ of July 3, 2016)

The amendments shall enter into force 10 days after the official publication of the said Federal Law.

The amendments shall enter into force 180 days after the official publication of the said Federal Law.

The amendments shall enter into force on the day of the official publication of the said Federal Law.

The amendments shall enter into force on the day of the official publication of the said Federal Law, with the exception of the addition to Article 14 of Part 3.3, which shall enter into force on January 1, 2013.

The changes come into force from the day of the official publication of the said Federal Law and apply to legal relations that have arisen since January 1, 2011.

Federal Law No. 21-FZ of February 25, 2011 (as amended by Federal Law No. 276-FZ of December 29, 2012)

Current edition

Article 14

1. Benefits for temporary disability, pregnancy and childbirth, monthly allowance for child care are calculated based on the average earnings of the insured person, calculated for the last 12 calendar months of work (service, other activities) with this policyholder, preceding the month of temporary disability, vacation maternity leave, parental leave. If the insured person did not have a period of work (service, other activities) immediately before the onset of the specified insured events due to temporary disability, maternity leave or parental leave, the relevant benefits are calculated based on the average earnings of the insured person, calculated for the last 12 calendar months of work (service, other activities) with this policyholder, preceding the month of the previous insured event.

2. The average earnings, on the basis of which benefits for temporary disability, pregnancy and childbirth, and the monthly allowance for child care are calculated, include all types of payments and other remuneration in favor of the employee, which are included in the base for calculating insurance premiums to the Social Insurance Fund of the Russian Federation in accordance with the Federal Law "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 and Territorial Compulsory Medical Insurance Funds".

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, for pregnancy and childbirth, and the monthly allowance for child care are calculated, are taken equal to the minimum wage established by federal law on the day of the onset of insured event. At the same time, the calculated monthly childcare allowance cannot be less than the minimum amount of the monthly childcare allowance established by the Federal Law “On State Benefits for Citizens with Children”.

3. The average daily earnings for the calculation of benefits for temporary disability, for pregnancy and childbirth, the monthly allowance for child care is determined by dividing the amount of accrued earnings for the period specified in part 1 of this article by the number of calendar days falling on the period for which wages are taken into account.

3.1. The average daily wage, from which benefits for temporary disability, pregnancy and childbirth are calculated, cannot exceed the average daily wage, determined by dividing the maximum value of the base for calculating insurance contributions to the Social Insurance Fund of the Russian Federation, established by the Federal Law "On Insurance Contributions to the Pension Fund". fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund and territorial compulsory medical insurance funds "on the day of the occurrence of the insured event, by 365. If the appointment and payment of the specified benefits to the insured person are carried out by several insurers in accordance with part 2 Article 13 of this Federal Law, the average daily earnings from which these benefits are calculated may not exceed the average daily earnings determined on the basis of the specified limit, when calculating these benefits to each of these insurers.

4. The amount of the daily allowance for temporary disability, for 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, for pregnancy and childbirth is determined by multiplying the amount of the daily allowance by the number of calendar days falling on the period of temporary disability, maternity leave.

5.1. The monthly child care allowance is calculated from the average earnings of the insured person, which is determined by multiplying the average daily earnings determined in accordance with paragraph 3 of this article by 30.4. The average earnings from which the monthly allowance for child care is calculated cannot exceed the average earnings, determined by dividing the maximum value of the base for calculating insurance premiums to the Social Insurance Fund of the Russian Federation, established by the Federal Law "On insurance premiums to the Pension Fund of the Russian Federation, the Fund social insurance of the Russian Federation, the Federal Compulsory Medical Insurance Fund and territorial compulsory medical insurance funds "on the day of the occurrence of the insured event, on 12.

5.2. The amount of the monthly allowance for child care is determined by multiplying the average earnings of the insured person by the amount of the allowance established as a percentage of the average earnings in accordance with Article 11.2 of this Federal Law. When caring for a child during 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 falling on the period of care.

Clause 6 - Repealed.

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

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255-FZ "On compulsory social insurance in case of disability"

Federal Law No. 255 provides disabled citizens with benefits, determines the conditions for receiving and calculates the amount of money. Disabled persons include women in a position who receive monetary compensation for pregnancy and childbirth. Additionally, they are subject to compulsory social insurance under Federal Law-255.

Description of the law

255-FZ on compulsory social insurance in case of disability does not apply to the category of persons with temporary disability received at work. These persons should pay attention to the provisions of the Federal Law on compulsory medical insurance in the Russian Federation.

The law was passed on December 29, 2006. The last changes to FZ-255 were made on May 1, 2017.

Federal Law No. 255 presents the rights of citizens of compulsory insurance. This applies to persons who have received an industrial injury or gone on maternity leave. In case of temporary disability 255-FZ, the procedure, amount and conditions of monetary compensation are determined. Depends on the type of grant:

by motherhood;

On maternity leave. Compensation is paid at the end of each month;

Occupational injury or illness.

Benefit payment procedure

Article FZ-255 describes the procedure for assigning, the amount and payment of benefits for temporary disability during pregnancy and childbirth, a monthly allowance for child care.

The amount of insurance monetary compensation under Federal Law-255 is determined by the insured, who is assigned to you at the place of work. An insured event has occurred, and the employee is registered in several places of work? The insured person is legally paid benefits for all registered places for the previous two calendar years.

The monthly allowance for child care is paid by the insured only at one place of work.

The payment and amount according to FZ-255 is assigned on the basis of a certificate of incapacity for work. It is issued by a medical institution in the form of a document in writing. It is then legally handed over to the employer for payment. It is possible to transfer in electronic form through the website of the insured.

Sick leave

The procedure for granting a sick leave according to the law is considered in article 13 of the 255-FZ.

When filling out a sick leave, the following points are taken into account:

The doctor fills in the sections and certifies with the seal of the medical institution.

The doctor may not fill in the line - the place of work and the name of the company. The medical worker can independently enter the name of the company with a fountain, black gel or capillary pen. The certificate of incapacity for work cannot be filled in with a ballpoint pen. Ink of a different color is also not allowed.

When filling out a sick leave, according to the law, in accordance with Federal Law-255, the doctor does not have the right to make mistakes. If a discrepancy was found, a duplicate certificate of incapacity for work is issued.

The employer must check the correctness of the form in accordance with FZ-255. If he accepted a sheet with errors, then the FSS of the Russian Federation will not reimburse him for expenses.

Note: The presence in the disability certificate of technical defects in filling out by law is not a basis for creating a duplicate:

Hit of the press on the content of the text;

Putting spaces between full names doctors, etc..

Amendments to 255-FZ "On Compulsory Social Insurance in Case of Disability"

Now FZ-255 on compulsory social insurance in case of disability regulates the legal norms on taxes and fees. The law intersects with the Tax Code of the Russian Federation. Federal Law-255 controls the correct calculation, timely and full payment of insurance premiums for reporting periods. Additionally, the following chapters of the law were amended:

The amount of indexation and payments was approved;

The limit value of the base;

The minimum wage.

Article 3

Article 3 255-FZ states that the provision of insurance payments to insured persons is carried out at the expense of the state budget or at the expense of the insured.

The amount of the allowance is paid according to the law:

Insured citizens in the first three days after the onset of temporary disability. The payment under Federal Law-255 is formed at the expense of the insured, starting from the 4th day of being on sick leave;

Insured citizens who voluntarily use the insurance policy.

Compensation for temporary disability in accordance with paragraphs 2-5 of part 1 of Art. 5 255-FZ is paid from the first day of temporary disability. No changes were made in the latest edition.

Article 5

Temporary disability benefits in FZ-255 are paid in the following cases:

Injury or serious illness according to the law;

Care needs of a sick person in the family;

Quarantine of a citizen and a child whose age is up to 7 years. Only if he attends preschool by law;

Staying in medical institutions for the implementation of prosthetics.

The temporary disability benefit under Federal Law-255 is paid to the insured citizen in accordance with article part 1. Only if he is registered at his official place of work or was injured 30 days after his dismissal.

Article 7

FZ-255 contains the amount of temporary disability benefits in case of a serious illness or injury.

The calculation criteria according to the law are as follows:

The length of service of the insured person is 8 or more years - the full amount of the average salary is paid (100% of the payment);
Experience from 5 to 8 years - 80% of the average salary;
Experience up to five years - 60 percent of the average salary is calculated.

The calculation of the allowance under the Nursing Act is as follows:

The first 10 days the amount of the allowance is calculated depending on the length of service in accordance with Federal Law-255. For example, eight years of service provides for 100 percent payment of average earnings. But the health of the patient may not be restored within 10 days. The amount of monetary compensation in this case will be 50 percent of the average wage;

When treating a child in a hospital, the amount of the benefit depends on the length of the insurance period.

Insurance compensation in the amount of the minimum wage is calculated with an official insurance period of less than 6 months in accordance with Federal Law-255. In some regions, coefficients are provided for when calculating by law. For example, the amount of monetary compensation is equal to the size of the average wage + coefficient.

There were no changes in the article in the latest edition.

Article 8

List of grounds for reducing the amount of monetary compensation in FZ-255:

The prescribed regimen by the doctor was not observed by the patient;
Non-appearance of the insured person for a scheduled medical examination. Additionally, it was absent during the medical and social research, which is unacceptable in the law;
The insured person was under the influence of drugs, alcohol or other toxins.

The identification of one or more grounds in the Federal Law-255 helps to reduce the cash benefit to the amount of the minimum wage. The latest version of the law does not contain changes in the article.

Article 9

There are periods for which the amount of monetary compensation for disability is not paid. Payment in accordance with Federal Law-255 may be denied if:

The employee, by order of the employer, was released from work in whole or in part. The employer continues to calculate the average wage;
The employee was suspended from service for a good reason for a certain time. In this case, funds for labor activity and disability benefits are not paid;
The employee tried to commit suicide or caused other harm to his health in accordance with Federal Law-255. Evidence must be presented in court.

The insured person has committed intentional harm to health at work, which is a criminal offense.

In the latest editions of the law, no changes were made to the article.

Article 11

FZ-255 calculates the amount of insurance monetary compensation for women who go on maternity leave. If she is employed and insured, the amount of the benefit is 100 percent of the average salary.

If women worked less than 6 months at their last job, maternity benefit is also paid. However, the amount is equal to the minimum wage established in the region. In some regions, additional coefficients are added to the minimum wage (according to Federal Law-255). They are also included in the calculation.

Article 12

Article 12 describes the period for applying for temporary disability benefits and maternity benefits.

Part 1 of Article 12 of the 255-FZ states that the amount of monetary compensation for temporary disability is assigned within six months after recovery.

Part 2 of Federal Law-255 states that a pregnancy and childbirth benefit can be received if an application for it was made within six months after the end of the maternity leave. This appeal is accepted by the territorial authority (if the reason for missing the deadline is valid). The list of valid situations is determined by the Federal Law. No changes were made in the latest version of the law.

Article 13

In 2017, the changes affected Part 5 of Article 13 of FZ-255. The sick leave is issued by a medical institution in writing or published in the system of the insured in electronic form. In the second case, an electronic signature of a doctor or medical institution is used.

In order for an officially employed citizen to receive a benefit payment, a receipt of the amount of wages is provided. This document is the basis for calculating the amount of the allowance under FZ-255. Registration of a certificate of incapacity for work is carried out in accordance with the Federal Law of the executive branch. The procedure for issuing and providing sick leave is approved by the Government of the Russian Federation.

Article 14

Cash disability benefit is calculated from the average wage for the last two years in accordance with Federal Law-255. Employment at several employers allows you to receive several payments at the same time. Receipt of monetary compensation occurs upon arrival at work. There were no changes in the latest version of the law.

Attention: Maternity and childcare leave does not stop the accounting of the insurance period. The allowance is paid for the last 24 months, including maternity leave. No changes were made in the latest edition.

Download

FZ-255 on compulsory social insurance in case of disability was issued on December 29, 2006. Contains 5 chapters and 19 articles on the rules for calculating benefits for insured events. In the latest edition of FZ-255 you will find all the changes, additions and amendments to the articles. You can download the law from the following link.

The federal law determines the conditions, amounts and procedure for providing benefits for temporary disability, for pregnancy and childbirth to citizens subject to compulsory social insurance.

Temporary disability benefit is granted in the following cases:

1) disability due to illness or injury, including in connection with an operation for artificial termination of pregnancy or in vitro fertilization;

2) the need to care for a sick family member;

3) quarantine of the insured person, as well as the quarantine of a child under the age of 7 attending a preschool educational institution, or another family member recognized as legally incompetent;

4) implementation of prosthetics for medical reasons in a stationary specialized institution;

5) follow-up treatment in accordance with the established procedure in sanatorium-resort institutions located on the territory of the Russian Federation, immediately after inpatient treatment.

The federal law comes into force on January 1, 2007 and applies to insured events that occur after the date of its entry into force.

"On the provision of benefits for temporary disability, pregnancy and childbirth of citizens subject to compulsory social insurance"

Chapter 1. General Provisions

Article 1. Subject of regulation of this Federal Law

1. This Federal Law determines the conditions, amounts and procedure for providing benefits for temporary disability, for pregnancy and childbirth to citizens subject to compulsory social insurance.

2. This Federal Law does not apply to relations related to the provision of citizens with temporary disability benefits in connection with an accident at work or an occupational disease, with the exception of the provisions of Articles 12, 13, 14 and 15 of this Federal Law applicable to these relations in part , which does not contradict the Federal Law of July 24, 1998 N 125-FZ "On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases".

Article 2. Persons entitled to benefits for temporary disability, pregnancy and childbirth

1. Citizens who are subject to compulsory social insurance in case of temporary disability and in connection with motherhood (hereinafter referred to as insured persons) are entitled to benefits for temporary disability, pregnancy and childbirth, subject to the conditions provided for by this Federal Law and other federal laws.

2. The insured persons are citizens of the Russian Federation, as well as foreign citizens permanently or temporarily residing on the territory of the Russian Federation and stateless persons:

1) persons working under labor contracts;

2) state civil servants, municipal employees;

3) lawyers, individual entrepreneurs, including members of peasant (farmer) households, individuals who are not recognized as individual entrepreneurs, members of tribal, family communities of the small peoples of the North, who voluntarily entered into relations on compulsory social insurance in case of temporary disability and in connection with maternity and paying insurance premiums to the Social Insurance Fund of the Russian Federation for themselves in accordance with the Federal Law of December 31, 2002 N 190-FZ "On providing benefits for compulsory social insurance to citizens working in organizations and for individual entrepreneurs applying special tax regimes , and some other categories of citizens" (hereinafter - the Federal Law "On the provision of benefits for compulsory social insurance of citizens working in organizations and for individual entrepreneurs applying special tax regimes, and some other categories of citizens en");

4) other categories of persons who are subject to compulsory social insurance in case of temporary disability and in connection with motherhood in accordance with other federal laws, provided that they or for them pay taxes and (or) insurance contributions to the Social Insurance Fund of the Russian Federation.

3. Persons working under labor contracts, for the purposes of this Federal Law, shall be recognized as persons who have concluded an employment contract in accordance with the established procedure from the day on which they were supposed to start work, or persons actually admitted to work in accordance with labor legislation.

4. Legislative, regulatory legal acts of the Russian Federation, constituent entities of the Russian Federation may also establish other payments for the provision of federal state civil servants, state civil servants of the constituent entities of the Russian Federation in connection with temporary disability, pregnancy and childbirth, financed from the federal budget, the budgets of the constituent entities Russian Federation.

Article 3. Financing the payment of benefits for temporary disability, pregnancy and childbirth

1. Financing of the payment of benefits for temporary disability, for pregnancy and childbirth to insured persons is carried out at the expense of the budget of the Social Insurance Fund of the Russian Federation, as well as at the expense of the employer in the cases provided for by part 2 of this article.

2. Temporary disability benefit in the cases specified in Clause 1 of Part 1 of Article 5 of this Federal Law shall be paid to insured persons (with the exception of insured persons specified in Part 4 of this Article) for the first two days of temporary disability at the expense of the employer, and for the rest of the period starting from the 3rd day of temporary disability - at the expense of the Social Insurance Fund of the Russian Federation.

3. Temporary disability benefit in the cases provided for in paragraphs 2-5 of Part 1 of Article 5 of this Federal Law shall be paid to insured persons (with the exception of insured persons specified in Part 4 of this Article) at the expense of the Social Insurance Fund of the Russian Federation from the 1st days of temporary disability.

4. Financing the payment of temporary disability benefits to insured persons working under employment contracts concluded with organizations and individual entrepreneurs applying special tax regimes (switched to a simplified taxation system or being payers of a single tax on imputed income for certain types of activities or a single agricultural tax) , as well as persons who have voluntarily entered into relations on compulsory social insurance in case of temporary disability and in connection with motherhood, is carried out in accordance with the Federal Law "On the provision of benefits for compulsory social insurance of citizens working in organizations and for individual entrepreneurs applying special tax regimes, and some other categories of citizens".

5. In cases established by the laws of the Russian Federation, federal laws, the financing of expenses related to the payment of benefits for temporary disability, for pregnancy and childbirth in amounts in excess of those established by the legislation of the Russian Federation on compulsory social insurance, is carried out at the expense of federal budget funds transferred for these purposes of the Social Insurance Fund of the Russian Federation.

Article 4

Persons sentenced to deprivation of liberty and involved in paid work are subject to provision with benefits for temporary disability, for pregnancy and childbirth in the manner determined by the Government of the Russian Federation.

Chapter 2. Provision of benefits for temporary disability

Article 5. Cases of providing benefits for temporary disability

1. Provision of insured persons with benefits for temporary disability is carried out in the following cases:

1) disability due to illness or injury, including in connection with an operation for artificial termination of pregnancy or in vitro fertilization (hereinafter referred to as disease or injury);

2) the need to care for a sick family member;

3) quarantine of the insured person, as well as the quarantine of a child under the age of 7 attending a preschool educational institution, or another family member recognized as legally incompetent;

4) implementation of prosthetics for medical reasons in a stationary specialized institution;

5) follow-up treatment in accordance with the established procedure in sanatorium-resort institutions located on the territory of the Russian Federation, immediately after inpatient treatment.

2. Temporary disability benefit shall be paid to insured persons upon the occurrence of the events specified in paragraph 1 of this article, during the period of work under an employment contract, performance of service or other activities, during which they are subject to compulsory social insurance, as well as in cases where illness or the injury occurred within 30 calendar days from the date of termination of the specified work or activity, or from the date of conclusion of the employment contract until the date of its cancellation.

Article 6. Conditions and duration of payment of benefits for temporary disability

1. Temporary disability benefit in case of disability due to illness or injury is paid to the insured person for the entire period of temporary disability until the day of restoration of working capacity (establishment of disability with limited ability to work), except for the cases specified in parts 3 and 4 of this article.

2. When the insured person receives aftercare in a sanatorium and resort facility located on the territory of the Russian Federation, immediately after inpatient treatment, temporary disability benefits are paid for the period of stay in a sanatorium and resort facility, but not more than 24 calendar days.

3. An insured person recognized as a disabled person in accordance with the established procedure and having limited ability to work, temporary disability benefits (except for tuberculosis) shall be paid for no more than four consecutive months or five months in a calendar year. If these persons become ill with tuberculosis, temporary disability benefits are paid until the day of restoration of working capacity or until the day when the degree of limitation of the ability to work due to tuberculosis increases.

4. An insured person who has entered into a fixed-term employment contract (fixed-term service contract) for a period of up to six months, as well as an insured person whose illness or injury occurred in the period from the date of conclusion of the employment contract until the day of its cancellation, temporary disability benefits (except for tuberculosis) is paid for no more than 75 calendar days under this agreement. In case of tuberculosis, temporary disability benefits are paid until the day of restoration of working capacity (establishment of disability with limited ability to work). In this case, the insured person, whose illness or injury occurred in the period from the date of conclusion of the employment contract until the day of its cancellation, is paid temporary disability benefits from the day from which the employee was supposed to start work.

5. Temporary disability benefit, if it is necessary to take care of a sick family member, is paid to the insured person:

1) in the case of caring for a sick child under the age of 7 years - for the entire period of outpatient treatment or joint stay with the child in an inpatient medical institution, but not more than 60 calendar days in a calendar year for all cases of caring for this child, and in case of illness of a child included in the list of diseases determined by the federal executive body responsible for the development of state policy and legal regulation in the field of healthcare and social development, - no more than 90 calendar days in a calendar year for all cases of care for this child in connection with the specified disease;

2) in the case of caring for a sick child aged 7 to 15 years - for a period of up to 15 calendar days for each case of outpatient treatment or joint stay with a child in an inpatient medical institution, but not more than 45 calendar days in a calendar year in all cases of care for this child;

3) in the case of caring for a sick disabled child under the age of 15 - for the entire period of outpatient treatment or joint stay with the child in an inpatient medical institution, but not more than 120 calendar days in a calendar year for all cases of care for this child;

4) in the case of caring for a sick child under the age of 15 who is HIV-infected - for the entire period of joint stay with the child in an inpatient medical institution;

5) in the case of caring for a sick child under the age of 15 with his illness associated with a post-vaccination complication - for the entire period of outpatient treatment or joint stay with the child in an inpatient medical institution;

6) in other cases of caring for a sick family member in outpatient treatment - no more than 7 calendar days for each case of illness, but no more than 30 calendar days in a calendar year for all cases of caring for this family member.

6. Temporary disability benefit in case of quarantine is paid to the insured person who has been in contact with an infectious patient or who has been found to be carrying bacteria, for the entire time of his suspension from work due to quarantine. If children under the age of 7 who attend preschool educational institutions or other family members who are duly recognized as incapacitated are subject to quarantine, temporary disability benefits are paid to the insured person (one of the parents, other legal representative or other family member) for the entire period of quarantine .

7. Temporary disability benefit in the event of prosthetics for medical reasons in a stationary specialized institution is paid to the insured person for the entire period of release from work for this reason, including the travel time to the place of prosthetics and back.

8. Temporary disability benefit is paid to the insured person in all cases specified in Parts 1-7 of this Article for the calendar days falling on the relevant period, with the exception of calendar days falling on the periods specified in Part 1 of Article 9 of this Federal Law.

Article 7. The amount of benefits for temporary disability

1. Temporary disability benefit in case of disability due to illness or injury, with the exception of cases specified in paragraph 2 of this article, during quarantine, prosthetics for medical reasons and aftercare in sanatorium-resort institutions immediately after inpatient treatment is paid in the following amount:

1) for an insured person with an insurance record of 8 or more years - 100 percent of average earnings;

2) for an insured person with an insurance record of 5 to 8 years - 80 per cent of average earnings;

3) for an insured person with an insurance record of up to 5 years - 60 per cent of average earnings.

2. Temporary disability benefit in case of disability due to illness or injury is paid to insured persons in the amount of 60 percent of the average earnings in case of illness or injury occurring within 30 calendar days after the termination of work under an employment contract, official or other activity during which they are subject to compulsory social insurance.

3. Temporary disability allowance, if it is necessary to take care of a sick child, shall be paid:

1) in case of outpatient treatment of a child - 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 paragraph 1 of this Article, for the following days in the amount of 50 percent of the average earnings;

2) in case of inpatient treatment of a child - in the amount determined depending on the duration of the insurance period of the insured person in accordance with paragraph 1 of this article.

4. Temporary disability benefit if it is necessary to care for a sick family member during his outpatient treatment, with the exception of cases of caring for a sick child under the age of 15, is paid in the amount determined depending on the length of the insurance period of the insured person in accordance with part 1 of this article.

5. The amount of temporary disability benefit cannot exceed the maximum amount of temporary disability benefit established by the federal law on the budget of the Social Insurance Fund of the Russian Federation for the next financial year. If the insured person works for several employers, the amount of the temporary disability benefit cannot exceed the specified maximum amount of the specified benefit for each place of work.

6. An insured person who has an insurance period of less than six months is paid temporary disability benefits in an amount not exceeding the minimum wage established by federal law for a full calendar month, and in areas and localities in which district coefficients are applied in the prescribed manner to wages, in an amount not exceeding the minimum wage, taking into account these coefficients.

7. Temporary disability benefit for the period of downtime shall be paid in the same amount as wages are maintained during this time, but not higher than the amount of benefit that the insured person would receive under the general rules.

Article 8. Grounds for reducing the amount of temporary disability benefits

1. The grounds for reducing the amount of temporary disability benefits are:

1) violation by the insured person without good reason during the period of temporary incapacity for work of the regimen prescribed by the attending physician;

2) non-appearance of the insured person without good reason at the appointed time for a medical examination or for a medical and social examination;

3) illness or injury resulting from alcohol, narcotic, toxic intoxication or actions related to such intoxication.

2. If there are one or more grounds for reducing the temporary disability benefit specified in Part 1 of this article, the temporary disability benefit is paid to the insured person in an amount not exceeding the minimum wage established by federal law for a full calendar month:

1) if there are grounds specified in clauses 1 and 2 of part 1 of this article, from the day when the violation was committed;

2) if there are grounds specified in paragraph 3 of paragraph 1 of this section - for the entire period of incapacity for work.

Article 9 Grounds for refusing to grant temporary disability benefits

1. Temporary disability benefit is not assigned to the insured person for the following periods:

1) for the period of the employee's release from work with full or partial pay or without pay in accordance with the legislation of the Russian Federation, except for cases of disability by the employee due to illness or injury during the period of annual paid leave;

2) for the period of suspension from work in accordance with the legislation of the Russian Federation, if no wages are accrued for this period;

3) for the period of detention or administrative arrest;

4) for the period of the forensic medical examination.

2. The grounds for refusal to grant an insured person temporary disability benefits are:

1) the onset of temporary incapacity for work as a result of the intentional infliction by the insured person of harm to his health or a suicide attempt established by the court;

2) the onset of temporary disability due to the commission of an intentional crime by the insured person.

Chapter 3. Provision of benefits for pregnancy and childbirth

Article 10. Duration of payment of benefits for pregnancy and childbirth

1. The benefit for pregnancy and childbirth is paid to the insured woman in total for the entire period of maternity leave lasting 70 (in case of multiple pregnancy - 84) calendar days before childbirth and 70 (in case of complicated childbirth - 86, in case of birth of two or more children - 110) calendar days after childbirth.

2. When adopting a child (children) under the age of three months, the pregnancy and childbirth allowance shall be paid from the date of its adoption until the expiration of 70 (in case of simultaneous adoption of two or more children - 110) calendar days from the date of birth of the child (children).

3. If during the period of a mother's leave to care for a child until the child reaches the age of one and a half years, she has a maternity leave, she has the right to choose one of the two types of benefits paid during the periods of the corresponding holidays.

Article 11. The amount of benefits for pregnancy and childbirth

1. The benefit for pregnancy and childbirth is paid to an insured woman in the amount of 100 percent of the average earnings.

2. The amount of the maternity benefit may not exceed the maximum amount of the pregnancy and maternity benefit established by the federal law on the budget of the Social Insurance Fund of the Russian Federation for the next financial year. If the insured person works for several employers, the amount of the maternity benefit may not exceed the specified maximum amount of the specified benefit for each place of work.

3. An insured woman who has an insurance period of less than six months is paid a pregnancy and childbirth benefit in an amount not exceeding the minimum wage established by federal law for a full calendar month, and in areas and localities in which district coefficients are applied in the prescribed manner to wages, in an amount not exceeding the minimum wage, taking into account these coefficients.

Chapter 4. Appointment, calculation and payment of benefits for temporary disability, pregnancy and childbirth

Article 12

1. Temporary disability benefit is assigned if the application for it was followed no later than six months from the date of restoration of working capacity (establishment of disability with limited ability to work), as well as the end of the period of release from work in cases of caring for a sick family member, quarantine, prosthetics and aftercare.

2. The benefit for pregnancy and childbirth is assigned if the application was followed no later than six months from the date of the end of the maternity leave.

3. When applying for benefits for temporary disability, for pregnancy and childbirth after a six-month period, the decision to grant benefits is made by the territorial body of the Social Insurance Fund of the Russian Federation if there are good reasons for missing the deadline for applying for benefits. The list of valid reasons for missing the deadline for applying for benefits is determined by the federal executive body responsible for developing state policy and legal regulation in the field of compulsory social insurance.

Article 13

1. Appointment and payment of benefits for temporary disability, pregnancy and childbirth are carried out by the employer at the place of work of the insured person (except for the cases specified in parts 2 and 3 of this article). If the insured person works for several employers, benefits are assigned and paid to him by each employer.

2. An insured person who 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 activities during which he is subject to compulsory social insurance, temporary disability benefits are assigned and paid by the employer at his last place work or by a territorial body of the Social Insurance Fund of the Russian Federation.

3. For the insured persons specified in Clause 3 of Part 2 of Article 2 of this Federal Law, as well as for other categories of insured persons in the event of termination of activity by the employer at the time the insured person applies for benefits for temporary disability, for pregnancy and childbirth, the assignment and payment of these benefits are carried out by the territorial body of the Social Insurance Fund of the Russian Federation.

4. To assign and pay benefits for temporary disability, for pregnancy and childbirth, the insured person submits a certificate of incapacity for work issued by a medical organization in the form and in the manner established by the federal executive body that performs the functions of developing state policy and legal regulation in the field of compulsory social insurance, and for the appointment and payment of benefits by the territorial body of the Social Insurance Fund of the Russian Federation, also information on earnings (income), from which the benefit should be calculated, and documents confirming the length of service, determined by the specified federal executive body.

5. The employer pays benefits for temporary disability, for pregnancy and childbirth to the insured person in the manner established for the payment of wages to employees.

6. In cases of appointment and payment of benefits for temporary disability, for pregnancy and childbirth by the territorial body of the Social Insurance Fund of the Russian Federation, provided for in parts 2 and 3 of this article, the payment of benefits for temporary disability, for pregnancy and childbirth is made in the prescribed amount directly by the territorial body of the Fund social insurance of the Russian Federation, who appointed the specified allowance, or through the organization of the federal postal service, credit or other organization at the request of the recipient.

Article 14. The procedure for calculating benefits for temporary disability, for pregnancy and childbirth

1. Benefits for temporary disability, pregnancy and childbirth are calculated based on the average earnings of the insured person, calculated for the last 12 calendar months preceding the month of temporary disability, maternity leave.

2. The earnings, on the basis of which benefits for temporary disability, for pregnancy and childbirth are calculated, include all types of payments provided for by the wage system that are taken into account when determining the tax base for the unified social tax credited to the Social Insurance Fund of the Russian Federation, in accordance with Chapter 24 parts of the second Tax Code of the Russian Federation. Earnings for the calculation of benefits for temporary disability, for pregnancy and childbirth for insured persons who voluntarily entered into relations under compulsory social insurance in case of temporary disability and in connection with motherhood, include the income received by them, from which insurance premiums were paid to the Social Insurance Fund of the Russian Federation in accordance with the Federal Law "On providing benefits for compulsory social insurance to citizens working in organizations and for individual entrepreneurs applying special tax regimes, and some other categories of citizens."

3. The average daily earnings for the calculation of benefits for temporary disability, for pregnancy and childbirth is determined by dividing the amount of accrued earnings for the period specified in part 1 of this article by the number of calendar days falling on the period for which wages are taken into account.

6. If the amount of benefits for temporary disability, for pregnancy and childbirth, calculated in the manner established by this article, exceeds the maximum amount of benefits for temporary disability, for pregnancy and childbirth, established in accordance with Articles 7 and 11 of this Federal Law, the said allowances shall be paid at the stated maximum amounts.

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

Article 15

1. The employer assigns benefits for temporary disability, for pregnancy and childbirth within 10 calendar days from the date of the insured person's application for receiving it with the necessary documents. Payment of benefits is carried out by the employer on the next day after the assignment of benefits, set for the payment of wages.

2. The territorial body of the Social Insurance Fund of the Russian Federation, in the cases provided for by Parts 2 and 3 of Article 13 of this Federal Law, assigns and pays benefits for temporary disability, for pregnancy and childbirth within 10 calendar days from the date of submission by the insured person of the relevant application and necessary documents .

3. Assigned, but not received by the insured person in a timely manner, benefits for temporary disability, pregnancy and childbirth are paid for the entire past time, but not more than three years prior to applying for it. A benefit not received by the insured person in whole or in part due to the fault of the employer or the territorial body of the Social Insurance Fund of the Russian Federation is paid for the entire past time without limitation by any period.

4. The amounts of benefits for temporary disability, for pregnancy and childbirth, overpaid to the insured person, cannot be recovered from him, except for cases of accounting error and bad faith on the part of the recipient (submission of documents with deliberately incorrect information, concealment of data affecting the receipt of benefits and its size, other cases). The deduction is made in the amount of not more than 20 percent of the amount due to the insured person for each subsequent payment of benefits or his salary. When the payment of benefits or wages is terminated, the remaining debt is collected in court.

5. Accrued amounts of benefits for temporary disability, for pregnancy and childbirth, not received due to the death of the insured person, are paid in the manner established by the civil legislation of the Russian Federation.

Article 16

1. The insurance period for determining the amount of benefits for temporary disability, for pregnancy and childbirth (insurance period) includes periods of work of the insured person under an employment contract, state civil or municipal service, as well as periods of other activities during which the citizen was subject to compulsory social insurance in case of temporary disability and in connection with motherhood.

2. Calculation of the insurance experience is made in calendar order. In case of coincidence in time of several periods counted in the length of service, one of such periods is taken into account at the choice of the insured person.

3. The rules for calculating and confirming the insurance period are established by the federal executive body, which performs the functions of developing state policy and legal regulation in the field of compulsory social insurance.

Chapter 5. Procedure for the entry into force of this Federal Law

Article 17

1. Establish that citizens who started work under an employment contract, official or other activities during which they are subject to compulsory social insurance, before January 1, 2007 and who before January 1, 2007 had the right to receive temporary disability benefits in in the amount (as a percentage of average earnings) exceeding the amount of the benefit (as a percentage of average earnings) due in accordance with this Federal Law, temporary disability benefits are assigned and paid in the same higher amount (as a percentage of average earnings) , but not higher than the maximum amount of temporary disability benefits established in accordance with this Federal Law.

2. In the event that the duration of the insurance period of the insured person, calculated in accordance with this Federal Law for the period before January 1, 2007, turns out to be less than the duration of his continuous work experience used when assigning benefits for temporary disability in accordance with the previous regulatory legal acts , for the same period, the duration of the insurance period is taken as the duration of the continuous work experience of the insured person.

Article 18

1. This Federal Law applies to insured events that occur after the day this Federal Law enters into force.

2. For insured events that occurred before the day this Federal Law came into force, benefits for temporary disability, for pregnancy and childbirth are calculated in accordance with the norms of this Federal Law for the period after the day it comes into force, if the amount of the benefit calculated in accordance with this Federal Law by law, exceeds the amount of the allowance, which is due under the norms of the previous legislation.

Article 19. Entry into force of this Federal Law

2. From January 1, 2007, legislative acts and other regulatory legal acts of the Russian Federation providing for the conditions, amounts and procedure for providing benefits for temporary disability, for pregnancy and childbirth to citizens subject to compulsory social insurance, shall be applied to the extent that they do not contradict this Federal Law.

1. Monthly child care allowance is paid to insured persons (mother, father, other relatives, guardians) who actually care for the child and are on parental leave, from the day the parental leave is granted until the child reaches the age of one and a half years .

2. The right to a monthly child care allowance is retained if the person on parental leave works part-time or at home and continues to care for the child.

3. Mothers who are entitled to a pregnancy and childbirth allowance, in the period after childbirth, are entitled to receive either a pregnancy and childbirth allowance or a monthly childcare allowance, offset by the previously paid pregnancy and childbirth allowance, from the date of the birth of the child, if the amount of the monthly child care allowance is higher than the amount of the maternity allowance.

4. If the child is cared for by several persons at the same time, the right to receive a monthly allowance for child care shall be granted to one of these persons.

Judicial practice under article 11.1 of the Federal Law of December 29, 2006 No. 255-FZ

Ruling dated May 29, 2019 in case No. А04-5262/2018

An employee who has returned from parental leave on a part-time basis. Having assessed the evidence presented, guided by the provisions of Articles 15, 16, 56 of the Labor Code of the Russian Federation, Articles 1, 2, 2.1, 11.1 of the Federal Law of December 29, 2006 No. 255FZ “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood”, eleven ...

Ruling dated April 24, 2019 in case No. А10-1707/2018

Supreme Court of the Russian Federation

Expenses for the payment of the monthly maximum allowance for child care in the total amount of 113,142 rubles 07 kopecks, paid in violation of the requirements of Part 2 of Article 11.1 of the Federal Law of December 29, 2006 No. motherhood” (hereinafter referred to as Law No. 255-FZ). Satisfying...

Decree of December 29, 2018 in case No. А82-12516/2018

Court with an application for recognition of their invalidity. Guided by Articles 7, 8 of the Federal Law of July 16, 1999 No. 165-FZ “On the Basics of Compulsory Social Insurance”, Articles 11.1, 11.2 of the Federal Law of December 29, 2006 No. 255-FZ “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with motherhood”, Arbitration Court of the Yaroslavl...

Decision dated December 28, 2018 in case No. А43-34175/2018

Arbitration Court of the Nizhny Novgorod Region (AC of the Nizhny Novgorod Region)

The type of compulsory insurance is a monthly allowance for child care (subparagraph 8 of paragraph 2 of Article 8 of the Federal Law of July 16, 1999 No. 165-FZ). Article 11.1 of the Federal Law of December 29, 2006 No. 255-FZ provides that a monthly childcare allowance is paid to insured persons (mother, father, other relatives, guardians) who actually carry out ...

Decree of December 27, 2018 in case No. А82-17327/2018

Arbitration Court of the Yaroslavl Region (AC of the Yaroslavl Region)

The specified type of compulsory insurance is a monthly allowance for child care (subparagraph 8, paragraph 2 of Article 8 of Law No. 165-FZ). In accordance with Article 11.1 of Law No. 255-FZ, a monthly child care allowance is paid to insured persons (mother, father, other relatives, guardians) who actually care for the child and are on vacation ...

Decision dated December 26, 2018 in case No. А10-6280/2018

Arbitration Court of the Republic of Buryatia (AC of the Republic of Buryatia)

For a child and those who are on parental leave, from the day parental leave is granted until the child reaches the age of one and a half years (Part 1 of Article 11.1 of Law No. 255-FZ). In accordance with subparagraph 6 of paragraph 2 of Article 12 of the Federal Law of July 16, 1999 No. 165-FZ “On the basics of compulsory social ...

Decision dated December 26, 2018 in case No. А29-13314/2018

Arbitration Court of the Republic of Komi (AC of the Republic of Komi)

January 28, 2018) for the period from April 10, 2017 to April 30, 2018 in the amount of RUB 229,207.08. in violation of the requirements of Article 11.1 of the Federal Law of December 29, 2006 No. 255-FZ “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood” (hereinafter - Law No. 255-FZ). Decision...

Decision dated December 26, 2018 in case No. А67-8426/2018

Arbitration Court of the Tomsk Region (AC of the Tomsk Region)

For child care. At the same time, in order to protect the interests of persons combining childcare with part-time work, Part 2 of Art. 11.1 of Law N 255-FZ provides for the possibility of retaining their right to receive a monthly allowance for child care, provided that they are on vacation for ...

1. Temporary disability benefit in case of disability due to illness or injury shall be paid to the insured person for the entire period of temporary disability until the day of restoration of working capacity (disability establishment), except for the cases specified in parts 3 and this article.

2. When the insured person receives aftercare in a sanatorium and resort organization located on the territory of the Russian Federation, immediately after the provision of medical care in a hospital, temporary disability benefits are paid for the period of stay in a sanatorium and resort organization, but not more than 24 calendar days (for excluding tuberculosis).