Federal Law 255 on Social Insurance. New rules for calculating temporary disability, pregnancy and childbirth, monthly child care benefits. The main method of obtaining a manual includes such steps.

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Chapter 1. General

Article 1. Subject to regulation of this Federal Law

1. This Federal Law determines the conditions, dimensions and procedure for providing temporary disability benefits, pregnancy and childbirth to be mandatory social insurance.

2. This Federal Law does not apply to relations related to the provision of citizens to temporary disability in connection with an accident at work or professional disease, with the exception of the provisions of Articles 12, 13, 14 and 15 of this Federal Law applied to the specified relations in not contrary to the federal law of July 24, 1998 N 125-FZ "On compulsory social insurance against accidents at the production and occupational diseases".

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

1. The right to temporary disability benefits, pregnancy and childbirth have citizens subject to compulsory social insurance in case of temporary disability and due to motherhood (hereinafter referred to as insured persons), 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 constantly or temporarily living in the territory of the Russian Federation foreign citizens and stateless persons:

1) persons working on labor contracts;

2) state civil servants, municipal employees;

3) lawyers, individual entrepreneurs, including members of the peasant (farmer) farms, individuals who are not recognized by individual entrepreneurs, members of the generic, 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 in accordance with the Federal Law of December 31, 2002 N 190-FZ "On providing benefits on compulsory social insurance of citizens working in organizations and individual entrepreneurs who apply special tax regimes , and some other categories of citizens "(hereinafter referred to as the Federal Law" On the provision of benefits on compulsory social insurance of citizens working in organizations and individual entrepreneurs who apply special tax regimes, and some other categories of civilians An ");

4) other categories of persons who are subject to compulsory social insurance in case of temporary disability and in connection with the maternity in accordance with other federal laws, subject to payment of taxes and (or) insurance premiums to the social insurance fund of the Russian Federation.

3. Persons working on labor contracts, for the purposes of this Federal Law, individuals entered into the established manner of the employment contract, from the day from the day from which they had to start work, or persons actually admitted to work in accordance with labor laws.

4. Legislative, regulatory legal acts of the Russian Federation, the constituent entities of the Russian Federation may establish other payments to ensure federal civil servants, state civil servants of the constituent entities of the Russian Federation in connection with temporary disability, pregnancy and childbirth, funded at the expense of the federal budget, subjects budgets Russian Federation.

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

1. Financing the payment of temporary disability benefits, pregnancy and childbirth to the 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 paragraph 2 of this article.

2. Temporary disability allowance in the cases specified in paragraph 1 of Part 1 of Article 5 of this Federal Law, is paid to insured persons (with the exception of the insured persons specified in paragraph 4 of this article) for the first two days of temporary disability at the expense of the employer's funds, and The rest of the period from the 3rd day of temporary disability - at the expense of the social insurance fund of the Russian Federation.

3. Template for temporary disability in cases provided for in paragraphs 2-5 of part 1 of Article 5 of this Federal Law, is paid to insured persons (with the exception of the insured persons specified in Part 4 of this article) at the expense of the social insurance fund of the Russian Federation from the 1st Day of temporary disability.

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

5. In cases established by the laws of the Russian Federation, federal laws, financing the costs associated with the payment of temporary disability benefits, pregnancy and childbirth in size exerted by the legislation of the Russian Federation on compulsory social insurance, is carried out at the expense of the federal budget transmitted for these goals of the Social Insurance Fund of the Russian Federation.

Article 4. Providing benefits for temporary disability, pregnancy and childbirth of persons convicted of imprisonment and attracted to paid labor

The persons convicted of imprisonment and attracted to paid work are subject to provision of temporary disability benefits, in pregnancy and childbirth in the manner determined by the Government of the Russian Federation.

Chapter 2. Providing temporary disability benefits

Article 5. Cases provide temporary disability benefits

1. Providing insured persons with temporary disability allowance in cases:

1) disability due to the disease or injury, including in connection with the operation on artificial interruption of pregnancies or the implementation of extracorporeal fertilization (hereinafter - a disease or injury);

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

3) quarantine of the insured person, as well as a quarantine of a child under the age of 7 years attending a pre-school educational institution, or another member of the family recognized in the prescribed manner incapable;

4) prosthetics under medical testimony in a stationary specialized institution;

5) Foundation in the prescribed manner in sanatorium-resort institutions located in the territory of the Russian Federation directly after inpatient treatment.

2. Temporary disability allowance is paid to insured persons upon the occurrence of cases specified in paragraph 1 of this article, during the work on the employment contract, the implementation of official or other activities during which they are subject to compulsory social insurance, as well as in cases where the disease or The injury came within 30 calendar days from the date of termination of the specified work or activities or during the period from the date of the conclusion of the employment contract until the day of his cancellation.

Article 6. Terms and duration of temporary disability benefits

1. Temporary disability allowance for disability due to the disease or injury is paid to the insured person for the entire period of temporary disability before the day of restoration of working capacity (the establishment of disability with the restriction of ability to work), except in cases indicated in parts 3 and 4 of this article.

2. When the insured person in the sanatorium-resort institution, located on the territory of the Russian Federation, immediately after inpatient treatment, temporary disability allowance is paid over the period of stay at the sanatorium-resort institution, but not more than 24 calendar days.

3. Insured person recognized in the prescribed manner with disabilities and having a limitation of ability to work, allowance for temporary disability (with the exception of tuberculosis) is paid no more than four months in a row or five months in the calendar year. With the disease of these persons of the tuberculosis, temporary disability allowance is paid until the day of disability or until the day of increasing the degree of restriction of the ability to work due to tuberculosis.

4. The Insured person concluded an urgent employment contract (urgent service contract) for up to six months, as well as an insured person who has a disease or injury from the date of the employment of the employment contract until the day of its cancellation, temporary disability allowance (except Tuberculosis diseases) is paid no more than 75 calendar days under this contract. When tuberculosis disease, temporary disability allowance is paid until the day of disability (establishment of disability with restriction of ability to work). At the same time, the insured person whose disease or injury came from the date of the conclusion of the employment contract until the day of his cancellation, temporary disability allowance is paid from the day from which the employee should have started work.

5. Temporary disability allowance for the need to carry out the care of a sick member of the family is paid to the Insured person:

1) in case of care for a sick child under the age of 7 years - for the entire period of outpatient treatment or joint stay with a child in a stationary medical and preventive institution, but not more than 60 calendar days in the calendar year in all cases of the care of this child, and in the case of a disease of the child included in the list of diseases, determined by the federal executive body, performing functions to develop public policy and regulatory legal regulation in the field of health and social development, not more than 90 calendar days in the calendar year in all cases of care this child in connection with the specified disease;

2) in case of care 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 a stationary medical and preventive institution, but not more than 45 calendar days in the calendar year in all cases of care for this child;

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

4) in case of care of a sick child under the age of 15, which is HIV-infected - for the entire period of joint stay with a child in a stationary medical and prophylactic institution;

5) in case of care for a sick child under the age of 15 years, with its illness related to the post-cynical complication, for the entire period of outpatient treatment or joint stay with a child in a stationary medical and prophylactic institution;

6) In other cases of care for a sick family member with an outpatient treatment - no more than 7 calendar days for each case of the disease, but not more than 30 calendar days in the calendar year in all cases of the care of this family member.

6. Temporary disability allowance In the case of quarantine is paid to the insured person, which intensified with the infectious patient or which has been revealed by bacteriasis, for all the time its removal from work due to quarantine. If karantine is subject to children under the age of 7, visiting pre-school educational institutions, or other family members recognized in the prescribed manner incapable, temporary disability allowance is 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 allowance In the event of prosthetics under medical reasons in a stationary specialized institution, the insured person is paid for the entire period of exemption from work for this reason, including travel time to prosthetics and back.

8. Temporary disability allowance is paid to the insured person in all cases referred to in parts of 1 to 7 of this article, for calendar days announcing the appropriate period, with the exception of calendar days periods specified in paragraph 1 of Article 9 of this Federal Law.

Article 7. Size of temporary disability benefits

1. Template for temporary disability when the disability due to the disease or injury, except in cases indicated in part 2 of this article, during quarantine, prosthetics on medical testimony and fogging in sanatorium-resort institutions immediately after inpatient treatment is paid in the following amount:

1) the insured person having an insurance experience of 8 years or more, - 100 percent of average earnings;

2) an insured person having an insurance experience from 5 to 8 years old - 80 percent of average earnings;

3) Insured face having an insurance experience up to 5 years, - 60 percent of average earnings.

2. Template for temporary disability when disability due to the disease or injury is paid to insured persons in the amount of 60 percent of average earnings in the event of a disease or injury that have occurred within 30 calendar days after termination of work on the employment contract, service or other activities during which they subject to compulsory social insurance.

3. Temporary disability allowance for the need to carry out the care of a sick child is paid:

1) with an outpatient treatment of a child - for the first 10 calendar days in the amount determined depending on the duration of the insured person's insurance experience in accordance with part 1 of this article, over the following days in the amount of 50 percent of the average earnings;

2) in the inpatient treatment of the child - in the amount determined depending on the duration of the insured person's insurance experience in accordance with part 1 of this article.

4. Temporary disability allowance for the need to care for a sick member of the family with its outpatient treatment, except for the care of a sick child under 15 years of age, is paid in the amount determined depending on the duration of the insured person's insurance experience in accordance with Part 1 This article.

5. The amount of temporary disability benefits cannot exceed the maximum amount of temporary disability benefits established by the Federal Law on the Budget of the Social Insurance Fund of the Russian Federation for the next fiscal year. In case the insured person works in several employers, temporary disability benefits cannot exceed the specified maximum size of the specified manual for each site.

6. Insured person who has an insurance experience less than six months, temporary disability allowance is paid in the amount not exceeding the full calendar month of the minimum wage established by federal law, and in areas and areas in which district coefficients are applied in the prescribed manner Wages, in a size not exceeding the minimum wage based on these coefficients.

7. Temporary disability allowance for the idle period is paid in the same amount, in which salary is saved during this time, but not higher than the amount of the benefit, which the insured person would receive by general rules.

Article 8. Grounds to reduce the amount of temporary disability benefits

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

1) a violation of the insured person without valid reasons during the period of temporary disability of the regime prescribed by the attending physician;

2) non-appearance of the insured person without valid reasons for a designated term for a medical examination or to carry out medical and social expertise;

3) a disease or injury that occurred as a result of alcoholic, narcotic, toxic intoxication or actions associated with such intoxication.

2. If there are one or more grounds for reducing the time disability allowance specified in paragraph 1 of this article, temporary disability allowance is paid to the insured person in the amount not exceeding the full calendar month of the minimum amount of remuneration established by the Federal Law:

1) if there are grounds specified in paragraphs 1 and 2 of Part 1 of this article - from the day when a violation was allowed;

2) if there are grounds specified in paragraph 3 of Part 1 of this article, for the entire period of disability.

Article 9. Periods for which temporary disability allowance is not appointed. Grounds for refusal to appoint temporary disability benefits

1. Temporary disability allowance is not prescribed to the insured person over the next periods:

1) for the period of exemption of the employee from working with full or partial salary preservation or without payment in accordance with the legislation of the Russian Federation, with the exception of the disability loss by the employee due to the disease or injury during the annual payable vacation;

2) for the period of removal from work in accordance with the legislation of the Russian Federation, if the salaries are not charged during this period;

3) for the period of detention or administrative arrest;

4) for the period of the forensic medical examination.

2. The grounds for refusing to prescribe the insured person of temporary disability benefits are:

1) the occurrence of temporary disability as a result of an intentional causation established by the court of harm to his health or suicide attempts;

2) the onset of temporary disability due to the insured person of the deliberate crime.

Chapter 3. Providing pregnancy benefits and childbirth

Article 10. Duration of payment benefits for pregnancy and childbirth

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

2. When adopting a child (children) under the age of three months, maternity allowance is paid from the date of his adoption and before the expiration of 70 (in the case of the simultaneous adoption of two or more children - 110) calendar days from the birth of a child (children).

3. In the event that during the period of serving the mother on leave to care for the age of percentage of the age of one and a half years, it comes to leave for pregnancy and childbirth, it has the right to choose one of two types of benefits paid during the periods of relevant vacations.

Article 11. The size of pregnancy benefits and childbirth

1. Pregnancy allowance is paid by the insured woman in the amount of 100 percent of average earnings.

2. The size of pregnancy benefits and childbirth cannot exceed the maximum amount of pregnancy benefits, established by the Federal Law on the Budget of the Social Insurance Fund of the Russian Federation for the next fiscal year. If the insured person works in several employers, the size of pregnancy benefits and childbirth cannot exceed the specified maximum size of the specified manual for each site.

3. The insured woman having an insurance experience of less than six months, maternity allowance is paid in the amount not exceeding the full calendar month of the minimum wage established by federal law, and in areas and areas in which district coefficients are applied in the prescribed manner By wages, in a size not exceeding the minimum wage based on these coefficients.

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

Article 12. The timing of the appeal for temporary disability benefits, pregnancy and childbirth

1. Temporary disability allowance is appointed if the appeal followed him no later than six months from the date of restoration of working capacity (the establishment of disability with the restriction of labor activity), as well as the end of the exemption period from work in cases of care for a sick member of the family, quarantine, prosthetics and fitching.

2. The manual for pregnancy and childbirth is appointed if the appeal followed him no later than six months from the date of completion of pregnancy and childbirth.

3. When applying for a manual for temporary disability, for pregnancy and childbirth after a six-month period, the decision on the appointment of benefits is adopted by the territorial body of the Social Insurance Fund of the Russian Federation in the presence of good reasons for skipping the time of treatment for the benefit. A list of valid reasons for skipping the deadline for the manual is determined by the federal executive body that performs functions to develop public policy and regulatory regulation in the field of compulsory social insurance.

Article 13. The procedure for the appointment and payment of benefits for temporary disability, pregnancy and childbirth

1. The appointment and payment of temporary disability benefits, for pregnancy and childbirth, are carried out by the employer at the place of work of the Insured person (except in the cases indicated in parts 2 and 3 of this article). In case the insured person works in several employers, the benefits are appointed and paid to him by each employer.

2. Insured person, lost disability due to a disease or injury within 30 calendar days from the date of termination of work on the employment contract, service or other activities during which it is subject to compulsory social insurance, temporary disability allowance is appointed and paid by the employer for its last place Works either by the territorial body of the Social Insurance Fund of the Russian Federation.

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

4. For the appointment and payment of manuals for temporary disability, for pregnancy and childbirth, the insured person represents a disability sheet issued by a medical organization in form and in the manner established by the federal executive body that performs functions to develop public policies and regulatory legal regulation in the field of Compulsory social insurance, and for the appointment and payment of benefits, the territorial body of the Social Insurance Fund of the Russian Federation also information about earnings (income), from which the manual must be calculated, and documents confirming the insurance experience, determined by the federal executive authority.

5. The employer pays for temporary disability benefits, for pregnancy and childbirth to the insured person in the manner prescribed to pay wage workers.

6. In cases of appointment and payment of temporary disability benefits, the territorial body of the Social Insurance Fund of the Russian Federation, provided for by parts 2 and 3 of this article, payment of temporary disability benefits, for pregnancy and childbirth is made in the established amount directly by the territorial body of the Fund. Social insurance of the Russian Federation appointed the specified manual, or through the organization of the federal postal service, a credit or other organization according to the recipient's application.

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

1. Temporary disability benefits, pregnancy and childbirth are calculated on the basis of the average earnings of the insured person calculated over the past 12 calendar months preceding the month of the onset of temporary disability, maternity leave.

2. In earnings, based on which manuals for temporary disability, pregnancy and childbirth are calculated, all the paid payments taken into account in the definition of a tax base for a single 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. In earnings for the calculation of temporary disability benefits, pregnancy and childbirth to those who voluntarily entered into relations on compulsory social insurance in case of temporary disability and due to motherhood, income received by them with which insurance premiums were paid to the Social Insurance Fund of the Russian Federation In accordance with the Federal Law "On providing benefits on compulsory social insurance of citizens working in organizations and in individual entrepreneurs who apply special tax regimes, and some other categories of citizens."

3. Middle day earnings for the calculation of temporary disability benefits, pregnancy and childbirth is determined by dividing the amount of accrued earnings for the period specified in paragraph 1 of this article, by the number of calendar days following the period for which the salary is taken into account.

4. The size of the daily allowance for temporary disability, pregnancy and childbirth is calculated by multiplying the average daytime earnings of the insured person to the amount of the benefit set as a percentage of the average earnings in accordance with Articles 7 and 11 of this Federal Law.

5. The amount of allowance for temporary disability, pregnancy and childbirth is determined by multiplying the size of the daytime for the number of calendar days per period of temporary disability, maternity leave.

6. In the event that the dimensions of temporary disability benefits, pregnancy and childbirth, calculated in the manner prescribed by this article exceed the maximum dimensions of temporary disability benefits, for pregnancy and childbirth, established in accordance with Articles 7 and 11 of this Federal Law, These benefits are paid in the specified maximum sizes.

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

Article 15. Terms of appointment and payment of temporary disability benefits, pregnancy and childbirth

1. The employer appoints temporary disability benefits, for pregnancy and childbirth within 10 calendar days from the date of circulation of the insured person for obtaining it with the necessary documents. The payment of benefits is carried out by the employer to the closest day after the assignment of the day set for paying wages.

2. The territorial body of the Social Insurance Foundation of the Russian Federation in cases provided for by parts 2 and 3 of Article 13 of this Federal Law appoints and pays for temporary disability benefits, for pregnancy and childbirth within 10 calendar days from the day the insured person of the relevant statement and necessary documents .

3. The appointed, but not received by the insured person in a timely manitude for temporary disability, for pregnancy and childbirth is paid for all the past time, but not more than three years preceding the appeal. The manual, not received by the insured person or partly due to the fault of the employer or the territorial body of the Social Insurance Fund of the Russian Federation, is paid for all the past time without limiting any term.

4. The amounts of temporary disability benefits, pregnancy and childbirth, are unnecessarily paid by the insured person, cannot be charged with it, except in cases of counting error and unscrupulousness from the recipient (submission of documents with obviously wrong information, concealing data that affects the receipt of benefits and its size, other cases). Holding is carried out in the amount of no more than 20 percent of the amount due to the insured person with each subsequent payment of benefits or its wages. With the termination of the payment of benefits or wages, the remaining debt charges in court.

5. The accrued amounts of temporary disability benefits, pregnancy and childbirth, not received due to the death of the insured person, are paid in the manner prescribed by the civil law of the Russian Federation.

Article 16. The procedure for calculating the insurance experience to determine the size of allowances for temporary disability, for pregnancy and childbirth

1. In the insurance experience to determine the size of manuals for temporary disability, pregnancy and childbirth (insurance experience) include periods of work of the Insured person under the employment contract, civil or municipal service, as well as periods of other activities during which a citizen has been subject to compulsory social insurance. In case of temporary disability and due to motherhood.

2. The calculation of the insurance experience is carried out in a calendar. In the case of coincidence of the time of several periods counted in the insurance experience, one of these periods of the insured person takes into account.

3. The rules for counting and confirming the insurance experience are established by the federal executive body that performs functions to develop public policies and regulatory legal regulation in the field of compulsory social insurance.

Chapter 5. The procedure for entering into force of this Federal Law

Article 17. Conservation of previously acquired rights in determining the amount of allowance for temporary disability and the duration of insurance experience

1. To establish that citizens who have begun work on the employment contract, official or other activities during which they are subject to compulsory social insurance, until January 1, 2007 and which until January 1, 2007 had the right to receive temporary disability benefits in The amount (in percentage terms from the average earnings) exceeding the amount of the benefit (in percentage terms from the average earnings), relying in accordance with this Federal Law, temporary disability allowance is appointed and paid in the former higher amount (in percentage terms from average earnings) But not higher than the maximum amount of allowance for temporary disability established in accordance with this Federal Law.

2. In the event that the duration of the insured person's insurance experience, calculated in accordance with this Federal Law, for the period up to January 1, 2007, it will be less than the duration of its continuous work experience used in the appointment of temporary disability benefits in accordance with previously active regulatory legal acts. For the same period, the duration of the insurance experience takes the duration of the continuous employment experience of the insured person.

Article 18. Application of this Federal Law for Insurance Cases, which has come to the day and after the day its entry into force

1. This Federal Law applies to the insured events after the day of entry into force of this Federal Law.

2. For insured cases, the time to enter into force of this Federal Law, temporary disability allowance, pregnancy and childbirth is calculated on the standards of this Federal Law for the period after the day of its entry into force, if the amount of benefits calculated in accordance with this Federal The law exceeds the amount of benefits relying on the standards of 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, the size and procedure for providing temporary disability benefits, for pregnancy and childbirth to be mandatory social insurance, are applied in a part that does not contradict this federal law.

The president

Russian Federation

V. Putin

Approx. Ed.:

Mandatory social insurance - This is the obligation from the state to ensure social protection to the population.

All employees employed on a formal basis are subject to compulsory social insurance. The reason for compulsory social insurance is changing social and material support, even if the changes occurred in circumstances independent of them.

Social insurance - This is a system for the protection of working citizens and on dependent members of families in the event of a loss of earnings upon incapacity for disability due to:

Unemployment;
Diseases;
Disability;
Old age.

The essence of the Federal Law

255 FZ "On Compulsory Social Insurance" in case of disability regulates relations that arise with a citizen disability or due to the onset of motherhood. The legislation of the Russian Federation lists groups of persons who are subject to compulsory social insurance in case of temporary disability and due to maternity.

Additionally, the law regulates the conditions, size and procedure for providing benefits due to disability.

The effect of FZ 255 does not apply to relationships arising in connection with the issuance of benefits due to temporary disability or an accident arising.

The Federal Law "On Compulsory Social Insurance in case of temporary disability and in connection with the motherhood" was adopted by the State Duma on December 20, 2006, and approved after 7 days of the same year. Recent changes in the law were made and approved on May 1, 2017.

Chapter 1 describes the General provisions of this Law;
Chapter 2 describes ways to determine temporary disability benefits;
Chapter 3 describes ways to determine pregnancy benefits and childbirth;
Chapter 4 defines the procedure for appointment, calculation and payments for maternity benefits, temporary disability and child care;
Chapter 5 describes the procedure for the entry into force of this FZ.

Conditions for charges of 255 FZ

The terms of charges of 255 FZ benefits are located in Article 13. It describes the procedure for the appointment and payment of maternity benefits, temporary disability or monthly child care benefits.

Payment is appointed by the insured in the place where a citizen works. If a citizen is registered in several policyholders at the same time, and over the past two years, the insurers have not changed, then the benefits are appointed through all work places with the exception of a monthly child care benefit. It is charged from the place of work on the choice of a citizen.

If within 30 days after the dismissal, the employee loses its ability to work, then the payment of benefits according to 255 ФЗ on compulsory social insurance is paid from the last jobs.

Need to design a hospital sheet

For registration of the hospital sheet and its extradition, the scenarm form is used. Blank is approved by the order of the Ministry of Health and Social Development at number 347n. The procedure for issuing sheets of disability is carried out on the basis of the order of the Ministry of Health and Social Development of the Russian Federation at number 624n.

A genuine hospital sheet is issued by an organization that has a license for medical activities. Other companies that do not have a similar document will be prohibited.

Hospital sheet is drawn up on the basis of the request of the employee. You can make it either on the day of visiting the doctor, or on the last day (the closing day of the hospital leaf). In the line - the date of issue indicates the date of registration of a disability leaflet. If a citizen appeals to a doctor after work, it is necessary to ask to write down the hospital list from the next day. In other cases, circumstances may arise, as a result of which the employee opens the hospital on the same day with a full working day. The employer has no right to pay an employee and hospital and wages for the same day. In more detail, the procedure for granting a hospital sheet under the law is considered in Article 13 of the FZ 255.

Recent corrections

The latest changes in this Federal Law "On Compulsory Social Insurance in case of disability" were made on May 1, 2017. In particular, the changes affected the following article:

Article 5 states that the manual is appointed by the employer. The basis is taken by a sheet of disability on pregnancy and childbirth. In order for the manual to be appointed and paid within the specified time frame, the insured person will need to provide information on the amount of salary.

The following lists a number of articles that did not affect changes, but they are important for consideration:

Article 3 describes financial support for the payment of insurance coverage. For employees, the benefits are allocated funds from the Social Insurance Fund of the Russian Federation. Payments are prescribed only to insured persons.

Article 7 describes the amount of allowance for temporary disability. The manual is paid in connection with the preparation of injury or illness. The size of the manual is 60 percent of the average earnings. Even if the employee quit from the last workplace, he is entitled to receive cash payments in the first 30 calendar days.

However, the percentage of payments from average earnings increases depending on the insurance experience. So, if an employee works in a row 8 years or more, the insurance payment will be 100 percent of the average earnings.

Article 8 lists the grounds that contribute to a decrease in the amount of benefits due to temporary disability.

Basins:

The patient after receiving injury or treatment violated the conditions of the attending physician;
The patient forgot to come to the doctor assigned time for inspection and appropriate analyzes, on the basis of which conclusions will be made on the extension or closure of the hospital sheet;
In the investigation of narcotic, alcohol or toxic intoxication, injuries or illness were obtained by a patient.

In the presence of the above / the above grounds for reducing the benefit benefit, cash is paid equal to the minimum salary for one calendar month.

Article 9 describes the time for which temporary disability allowance is not paid. There are several periods for refusing funds due to temporary disability:

During the liberation of the employee from activities with partial or complete salary preservation or without payment on the basis of the legislation of the Russian Federation. The exceptions are situations in which the employee has lost its ability due to injury or illness during annual paid leave;
In the period of removal from office, if during this time the salary is not listed;
During the administrative arrest or the conclusion of an employee in custody;
At the time of the forensic medical examination;
For downtime. The exceptions are the cases provided for by 7 of the Article of this Federal Law.

The grounds for refusing the payment of benefits are:

The offensive of temporary disability due to the attempted suicide or the establishment by the court of deliberate harm to his health;
The offensive of temporary disability as a result of a deliberate crime by the insured person.

Article 11 describes the conditions and duration of the payment of childcare benefits. Such a payment is charged to persons who care for the child and which are currently on vacation to care. Payments are terminated at the time when the child reaches the age of one and a half years.

Article 12 describes the timing of appeal to benefits, including for maternity benefits, temporary disability, monthly child care benefits.

In the event of temporary disability, the manual is assigned within 6 months after restoring the ability to work (immediately after the appeal). In order for pregnancy and childbirth cash payments, a citizen / citizen may contact after the end of the relevant vacation for six months. To seek after the above term to the insureders, the employee must specify a valid reason in the compiled statement.

Article 13 describes the procedure for appointing and paying benefits for temporary disability, monthly child care benefits and pregnancy and childbirth. Payment is appointed by the insurance facility at the place of the employee.

If at the time of temporary disability and pregnancy and childbirth, the employee worked in several places officially, then the payment is summarized by the insured based on all these jobs. If the child care allowance is paid, then the amount is usually paid at one place of work (to choose an employee).

Article 14 describes how the maternity benefit is calculated, temporary disability, a monthly child care allowance.

In order to correctly calculate the manual, the average earnings of the insured person takes the basis. Namely, the last two calendar years before one of the cases for paying benefits. The size of the monthly child care benefit is defined as a number of average earnings, which is multiplied by the amount of the benefit established by the Federal Law. If the child's care is carried out not a full month, then the cash benefit is paid according to the number of days to care for the child.

Article 17 describes the possibility of preserving the rights to pay benefits for the duration of insurance experience and temporary disability. Employees who have entered into an employment or service contract before January 1, 2007 have the right to receive cash payments for temporary disability in an enlarged percentage. However, not higher than the maximum size established in accordance with federal law.

Download the current edition of the law

The Federal Law further includes other cases in which the benefit is also paid. These are such cases as:

Baby care;
Pregnancy and childbirth (paid maternity leave)

To familiarize yourself with this Law and the changes made recently, download FZ 255 on compulsory social insurance in case of disability by software.

RUSSIAN FEDERATION

THE FEDERAL LAW
from 29.12.06 N 255-FZ

On providing temporary disability benefits
On pregnancy and childbirth of citizens subject to mandatory
Social Insurance

Chapter 1. General

Article 1. Subject to regulation of this Federal Law

1. This Federal Law determines the conditions, dimensions and procedure for providing temporary disability benefits, pregnancy and childbirth to be mandatory social insurance.

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

2. The insured persons are citizens of the Russian Federation, as well as constantly or temporarily living in the territory of the Russian Federation foreign citizens and stateless persons:

1) persons working on labor contracts;

2) state civil servants, municipal employees;

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

3. Template for temporary disability in cases provided for in paragraphs 2 - 5 of Part 1 of Article 5 of this Federal Law, is paid to insured persons (with the exception of the insured persons specified in Part 4 of this article) at the expense of the social insurance fund of the Russian Federation from the 1st Day of temporary disability.

Article 4. Providing benefits for temporary disability, pregnancy and childbirth of persons convicted of imprisonment and attracted to paid labor

Chapter 2. Providing temporary disability benefits

Article 5. Cases provide temporary disability benefits

1. Providing insured persons with temporary disability allowance in cases:

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

4) prosthetics under medical testimony in a stationary specialized institution;

5) Foundation in the prescribed manner in sanatorium-resort institutions located in the territory of the Russian Federation directly after inpatient treatment.

Article 6. Terms and duration of temporary disability benefits

5. Temporary disability allowance for the need to carry out the care of a sick member of the family is paid to the Insured person:

1) in case of care for a sick child under the age of 7 years - for the entire period of outpatient treatment or joint stay with a child in a stationary medical and preventive institution, but not more than 60 calendar days in the calendar year in all cases of the care of this child, And in the event of a disease of the child included in the list of diseases, determined by the federal executive body, performing functions to develop public policy and regulatory legal regulation in the field of health and social development - no more than 90 calendar days in the calendar year in all cases of care for this child due to the specified disease;