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Changes in the algorithm for payment of benefits for temporary disability, maternity and childhood

The Ministry of Labor and Social Protection of the Russian Federation has prepared a draft of amendments to Federal Law № 125-FZ dd. 24.07.1998 and Federal Law № 255-FZ dd. 29.12.2006, which will come into force from January 1, 2021 in terms of payment of benefits for temporary disability, maternity and childhood.

 "Direct payments" is a project implemented by the Social Insurance Fund of the Russian Federation since 2011. During this time, 77 regions of the Russian Federation have already joined it. The remaining 8 largest regions (Moscow, St. Petersburg, Krasnodar and Perm, Moscow, Sverdlovsk and Chelyabinsk regions, the Khanty-Mansi Autonomous District) will move to direct payments from January 1, 2021.

Thus, the system of "direct payments" will be effective throughout the Russian Federation from January 2021.

The point of the amendments is that from 1 January 2021 all benefits (with few exceptions) will be paid directly to employees by the Social Insurance Fund (FSS).

Besides, employers will transfer insurance payments to FSS (including contributions for accidents at work and occupational diseases) in full, i.e. without reducing the amount of benefits paid to employees.

Direct payments of employee benefits from the Social Insurance Fund, which are considered in the draft, include:

  • temporary disability allowance (including in the case of an accident at work and (or) occupational disease);
  • maternity allowance;
  • one-time allowance for women who have registered at medical institutions in the early stages of pregnancy;
  • one-time allowances upon the birth of a child;
  • monthly child care allowance;
  • payment of leave (in excess of the annual paid leave) to an insured person who was injured at work.

Temporary disability benefits for the first 3 days of an employee's illness will be assigned and paid, as before, only by the employer.

With subsequent reimbursement from the Social Insurance Fund, the employer will assign, and pay to working citizens the following types of benefits (the mechanism remains the same):

  • payment of 4 additional days off to care for children with disabilities;
  • funeral allowance;
  • payment of temporary disability benefits from inter-budgetary transfers (to persons exposed to radiation).

The mechanism of direct payments is as follows:

1. The employee must submit to the employer:

  • a certificate of the amount of earnings (if he/she worked for other (other) employers during the calculation period);

  • confirming documents (certificate of disability for work, certificate of registration at a medical institution in the early stages of pregnancy, certificate of birth of a child, etc.);

  • application, wh ere details for the transfer of the allowance are specified.

Please be awared, that allowance will be paid by FSS only to the card of payment system MIR.

Important! The term for submission of the sick leave and other documents confirming the occurrence of an insured event is 6 months after the sick leave is closed.

2.The employer within 5 calendar days sends a package of documents to the FSS.
3. The FSS within 10 calendar days checks the documents provided by the employer and makes a decision on the assignment or refusal to pay the allowance.
4. If the decision is positive, the allowance is transferred to the employee's current account or sent by mail.
5. If the documents are insufficient or incorrect, the FSS sends a notification to the employer. Within 5 calendar days the insured is obliged to replace them, or provide the missing documents.

The way of sending data to the FSS depends on the average number of employees:

  • 25 people and more - the documents, including the register of information, are sent to the FSS digitaly;
  • 24 people and less - the documents, including the inventory, can be sent to the FSS both digitaly and on paper.
The amount and methodology of benefit calculation remain the same.

 Monthly child care allowance awarded in 2019-2020 and continuing into 2021 are paid as follows:

  • The employer pays the December 2020 allowance to the employee in the regular order;

  • To process an allowance payment from 2021 directly from the FSS:

·         the employee must submit to the employer an application for the allowance directly from the regional branch of the FSS in the standard form and the necessary documents;

·         the employer within 5 calendar days is obliged to transfer the data (inventory, application and documents from the employee or register) to the FSS.

The monthly child care allowance will be transferred from the 1st to the 15th of the month following the month for which the allowance is paid. The allowance for care of the child till 1,5 years at transition to direct payments from FSS, is not subject to recalculation, the sum of the allowance appointed till 01.01.2021, does not change.

We will be happy to answer your questions!


Contacts:

Natalia Safiulina, Chief accountant swilar OOO
M: natalia.safiulina@swilar.ru, T: + 7 499 978 37 87 (ext. 304)
Ekaterina Babenko, Deputy Chief accountant swilar OOO
M: ekaterina.babenko@swilar.ru, T: +7 499 978 37 87 (ext. 305)