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Going on maternity leave in Kazakhstan Printable version

Last update: 30.09.2020

hands-105455_640.jpgPregnancy is one of the most important stages in a woman's life. The time when you think about not only yourself, but also about your future child. The question of material well-being arises immediately: How is the state helping in such a special situation? What payments are made by the state? For what period is the leave from work on pregnancy and child care granted?  In the article you will learn all the answers to the questions arising with the onset of pregnancy and going on parental leave.

In accordance with Article 99 of the Labor Code, pregnant women, women who gave birth to a child/children, women and men who adopted a newborn child/children are granted the following leave in connection with the birth of a child:

  1. Maternity leave.
  2. Leave to employees who adopted a newborn child/children.
  3. Leave without pay for child care until he reaches the age of 3 years.

The duration of maternity leave according to Article 99 of the Code is 126 calendar days (70 calendar days before birth and 56 calendar days after birth). In case of complicated births or the birth of two or more children - 70 days are given. The number of annual leave days does not depend on the duration of the work, so it does not matter how long you worked for the employer. 

In addition to maternity leave, optional leave without pay for childcare can be granted up to 3 years. According to Article 99 of the Code, such leave can be received by the father or mother of the child, and if the child is left without parental care, then by the next of kin, i.e. who will actually be involved in the upbringing of the child.

Do not worry that you will lose your work during the leave to care for a child. In accordance with Article 54 of the RK Code, the employer can not dismiss you in connection with maternity leave. Moreover, according to Article 87, the time spent on maternity leave and childcare is counted in the length of service, and leave for pregnancy and childbirth even allows you to count on the next paid vacation.

More information on how to get out of parental leave you can find out in the useful information "Return from maternity leave".

What payments and benefits in connection with the birth of a child can be expected?

For non-working women

For working women

Types of payments and allowances

One-time state benefits for the birth of a child

 

One-time social payment for cases of loss of income due to pregnancy and childbirth, adoption of a newborn child (children)

Monthly social allowance for child care upon reaching one year

Monthly social benefit in case of loss of income in connection with childcare upon reaching the age of one year

 

Social payment for maternity is paid at a time, and the social payment for the care of a child after reaching the age of one year – monthly. The structural subdivisions of the "State Corporation" Government for Citizens", NJSC within 4 working days from the day of accepting the documents necessary for assigning social payments, transfer them to the State Social Insurance Fund (hereinafter - the Fund).

The Fund shall examine them within 4 working days from the date of receipt of the documents and decide on the appointment or refusal to assign social benefits. In the case of refusal to assign social benefits, he notifies the applicant about the reasons for the refusal and returns the submitted documents to the applicant through the State Corporation "Government for Citizens", NJSC.

The Fund also has the right to verify the accuracy of documents (information) necessary for the appointment, allocation, suspension, renewal and termination of social payments. For these purposes, the Fund has the right to send requests to state bodies and relevant organizations, the payer and the applicant. At the same time, the applicant has to be notified in writing and (or) electronic form of the delay in making decisions on the appointment, allocation, suspension, renewal and termination of social payments and the timing of the extension of the decision, but not more than one month.

It is necessary to submit documents for purpose of social payments:

  • on pregnancy and childbirth - no later than 12 months from the date of issue of the sick-list on pregnancy and childbirth;
  • on care of the child till 1 year - no later than 12 months from date of birth of the child specified in the birth certificate of the child.

One-time state benefits for the birth of a child (for all women)

To whom it is appointed. This benefit is paid to all birthing women: both working and not working, from the state budget.

The amount of the childbirth allowance is fixed:

  • 38 MCI* for the first, second and third child;
  • 63 MCI for the fourth and more children.

* In 2020 the size of the MCI is 2 778 KZT.

Benefit for the care of a child after reaching one year (for non-working women)

To whom it is appointed. Non-working women and men caring for a child who are not members of the compulsory social insurance system;

How to calculate the amount of social benefits for child care after reaching one year. The monthly benefit for childcare after reaching one year for non-working women and men is fixed, and is:

  • For the first child - 5,76 MCI* (2 778 * 5,76 = 16 001,28KZT monthly);
  • For the second child - 6,81 MCI (2 778 * 6,81 = 18 918, 18 KZT monthly);
  • For the third child - 7,85 MCI (2 778 * 7,85 = 21 807, 3 KZT monthly);
  • For the fourth and more - 8,90 MCI (2 778 * 8,9 = 24 724, 2 KZT monthly).

* In 2020 the size of the MCI is 2 778 KZT.

One-time social payment for cases of loss of income due to pregnancy and childbirth, adoption of a newborn child (children) (for working women)

To whom it is appointed. Working women, members of the compulsory social insurance system who are entitled to receive social payments from the Fund (that is, individuals for whom social contributions to the Fund were received before the date of social risk occurrence). According to paragraph 7 of Article 19 of the Law of the Republic of Kazakhstan "On Compulsory Social Insurance" (hereinafter referred to as the Law), the right to social payments in cases of loss of income in connection with pregnancy and childbirth, adoption (adoption) of a newborn child (children) arises from the date of leave to employees who adopted a child (children) indicated in the sheet of temporary disability.

How to calculate the size of a one-time social payment for pregnancy and childbirth in connection with the loss of income

This social payment is designed only for working women and is made at a time. The size of the average monthly income is determined by social contributions for the last 12 months prior to the date of social risk, regardless of the actual period of work. The payment amount can be found by multiplying the average monthly income for the last year by the rate of days of incapacity for work minus pension contributions of 10%.

The average monthly income from which social contributions were paid is determined by dividing the amount of income from which social contributions were made for the last twelve calendar months (regardless of whether there were interruptions in social contributions during this period) preceding the month in which the right to social security payments by twelve. The coefficient of the number of days of incapacity for work is determined by dividing the number of days for which a certificate of temporary incapacity for work was issued by thirty calendar days (every working woman has the right to paid maternity leave in accordance with article 99 of the Labor Code of the Republic of Kazakhstan and use it at will during pregnancy and after childbirth).

If a sheet of temporary incapacity for work is issued for 126 calendar days, then the coefficient is 126/30 = 4.2.

An example of the calculation of social benefits in connection with the loss of income from pregnancy and childbirth with a monthly income of less than 7 MW

The minimum wage from 01.01.2020 is 42,500 tenge.

Let's say that for the year, after deducting mandatory pension contributions (MPC), you received an income of 1,944,000 tenge:

1,944,000 tenge / 12 = 162,000 tenge,

162,000 tenge * 4.2 = 680,400 tenge;

From the social payment, 10% of the OCP in the amount of 68,040 tenge is withheld and transferred to your account in the Unified Accumulative Pension Fund (UAPF). Social payment will be transferred to your bank account in the amount of 612 360 tenge.

Social security contributions are paid at the rate of 3,5% of income minus OPV. The average monthly income is calculated on the basis of social contributions received in the last 12 months. Therefore, if, for example, you have worked for 8 months out of 12 estimated months, then the total amount for 8 months will be divided by 12.

For women whose monthly income exceeds 7 minimum wages per month

If the monthly income is 500,000 tenge, which exceeds the monthly maximum size of the object for calculating social benefits in accordance with paragraph 5 of Article 15 of the Law at the level of 7 minimum wages = 7 * 42,500 tenge = 297,500 tenge, then to determine the amount of social benefits, the monthly income is taken into account. the level of 297,500 tenge.

Thus, if monthly within 12 months the Fund received CRMs from the specified income, then the size of the social payment: 297,500 tenge * 4.2 = 1,249,500 tenge.

10% of OPV in the amount of 124,950 tenge is withheld from social payments and transferred to the UAPF.

1,124,550 tenge will be transferred to your bank account.

According to paragraph 4 of Article 99 of the Labor Code of the Republic of Kazakhstan, the employer pays for maternity leave, adoption (adoption) of a newborn child (children), with the preservation of the average wage, if this is provided for by the terms of the labor and (or) collective agreement, the employer's act, minus the amount social payments from the Fund.

Calculation example for women whose salary exceeds 7 minimum wage

If a woman during the year had a monthly income of 500,000 tenge and at the same time takes maternity leave in full 126 calendar days, then the payment will be charged as follows:

500,000 * 4.2 - 10% = 1,890,000 tenge.

This amount exceeds the maximum lump-sum maternity payment for working women. Of this amount, the woman receives the maximum due payment - 1,124,550 tenge.

1 890 000 - 1 124 550 = 765 450 tenge.

The remaining amount (765 450 tenge) can be paid by the employer, if it is provided for by the individual labor contract.

It should be noted that if the calculation period covers months from different years, for each period the amount will be calculated in accordance with the minimum wage for that year (42,500 tenge in 2019).

The actual amount of wages is confirmed by social contributions. This means that the amount of income in the calculation is determined by social contributions that were received by the Fund for the specified period.

How to get the temporary incapacity sheet for pregnancy and childbirth

During pregnancy, in order to go on maternity leave and assign social benefits from the Fund, you will need a temporary disability certificate or, in other words, a sick leave. According to the Rules for the examination of temporary disability, issuance of a sheet and a certificate of temporary disability, a temporary disability sheet is a document certifying temporary disability and confirming the right to temporary release from work and receive benefits for temporary disability.

Who can get a sheet of temporary disability. Pregnant women, women who have given birth to a child / children, women and men who have adopted or adopted a newborn child who have worked.

Who and for how long gives a sheet of temporary incapacity for work

A certificate of temporary disability due to pregnancy and childbirth is issued by a medical worker (obstetrician-gynecologist), and in his absence - by a doctor, together with the head of the department after the conclusion of the VKK from 30 weeks, and to women living in areas exposed to nuclear tests from 27 weeks pregnancy for the period provided for in Article 99 of the Labor Code of the Republic of Kazakhstan. In the case of complicated childbirth, the birth of two or more children, the certificate of temporary incapacity for work is extended for an additional 14 calendar days in the antenatal clinic (office) at the place of observation, according to an extract from the obstetric health care organization.

What documents are needed to obtain a temporary incapacity sheet. In general, the identity document is sufficient.

You will need a temporary incapacity sheet for:

  • to grant maternity leave (maternity leave), leave to employees who adopted a newborn child or children;
  • to receive social payments in case of loss of income due to pregnancy and childbirth, the adoption of a newborn child or children.

We would like to draw your attention to receive a temporary disability certificate for pregnancy and childbirth, the adoption (adoption) of a newborn child (children) on the reverse side is marked by the payer of social contributions (the signature of the head and, if present, the employer's seal).

Monthly social benefit in case of loss of income in connection with childcare upon reaching the age of one year

To whom it is appointed. This payment is assigned to working women, participants of the compulsory social insurance system, entitled to receive social benefits from the Fund, starting from January 1, 2008 (that is, for whom the employer pays social contributions).

How to calculate the amount of payment for child care after reaching one year. In order to calculate the amount of payments, you need to divide the total income for the last 2 years (as evidenced by social contributions) by 24 months, then multiply by 0,4 and subtract 10% of the pension contributions.

Example of calculation of social payments for child care for up to one year

Within 2 years before the birth of the child, a woman worked, for a year, she was raised wages once. The first year the woman received 150 000 KZT, the second year – 200 000 KZT. At the same time, for convenience, we believe that this amount was received after deduction of all necessary deductions (pension contributions, income tax, etc.). Calculate the total aggregate income:

12*150 000+12*200 000=1 800 000 + 2 400 000= 4 200 000 KZT

The received amount will be divided into 24 months: 4 200 000/24= 175 000 KZT

175 000 KZT – the average monthly income.

To calculate the amount of childcare allowance after reaching one year, this indicator should be multiplied by a coefficient of 0,4, and subtract 10% pension contributions, i.e.:

175 000*0,4 = 70 000 KZT, minus 10% gives us 63 000 KZT monthly.

*Monthly social benefits for child care in 2020 can not be more than 119,000 tenge. This is 40% of the minimum wage (MW) x7 and cannot be lower than the unemployment benefit. And the MW in 2020 is equal to - 42,500 tenge, respectively 40% of this amount is equal to 17,000 tenge. This amount should be x7, which means 17,000 x 7 = 119,000 tenge. This is 40% of the minimum wage (MW) x7 and cannot be lower than the allowance for the unemployed.

Required documents for processing payments and benefits

Documents for registration of benefits and payments at the birth of the child must be handed over to the State Corporation "Government for Citizens" NJSC. Within 8 working days, the application will be reviewed and a decision will be made about the appointment of the benefit/payment or denial of appointment.

The most comfortable way for young parents due to all the pleasant troubles caused by the birth of a child is filing applications for the assignment of benefits online. Necessary documents for the appointment of a state lump-sum payment in connection with the birth of a child and a monthly social allowance for the care of a child after reaching one year can be found on this page. On the same page, you can apply online for the assignment of benefits.

Necessary documents for assigning a one-time social payment at cases of loss of income in connection with pregnancy, childbirth, adoption

  1. Application in case of loss of income due to pregnancy and childbirth.
  2. Identity document.
  3. The sheet (sheets) of temporary incapacity for work, issued in connection with pregnancy and childbirth, the adoption of a newborn child (children) (below you can find out how and where to get it).
  4. The document on the number of the bank account opened in banks and (or) other organizations that carry out certain types of banking operations (an account can be opened in any Second tier bank of the Republic of Kazakhstan) or a checking account for the cash of the correctional facility.

Self-employed citizens additionally provide:

  • Certificate of state registration as an individual entrepreneur;
  • An extract from the personal account of the taxpayer on the status of settlements with the budget, as well as social payments, issued by the state revenue authorities, in accordance with Annex 16 of the Rules for maintaining personal accounts, approved by Order No. 306 of the Minister of Finance of the Republic of Kazakhstan dated February 27, 2018).

Necessary documents for assigning social payments for the care of a child after reaching by him the age of one year

  1. Aplication.
  2. Identity document.
  3. Certificate of birth of a child (children) or an extract from the birth certificate.
  4. Information about the number of the bank account opened in banks or other organizations that carry out banking operations. You can open an account in any Second tier bank of the Republic of Kazakhstan or in other organizations that carry out banking operations, such as KazPost, JSC.

In cases of adoption of a child (children) under the age of one year, an extract from the court decision on the adoption of the child (children) issued by the body that performs the functions of guardianship or trusteeship.

  1. In the case of the establishment of custody (guardianship), a document confirming the establishment of custody (guardianship) over the child shall be submitted.
  2. A notarized power of attorney if the documents are submitted by a third party. 

 

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