The right of a female attorney who practices law on her own (is self-employed) to receive pregnancy and childbirth benefits and childbirth benefits

Under Ukrainian law, every woman is entitled to benefits: a) for pregnancy and childbirth; b) upon the birth of a child. These are different types of benefits that should be distinguished from one another.

While the childbirth benefit provided to one of the parents is clearly defined by law and there are no issues with the application process, the pregnancy and childbirth benefit (maternity leave benefits) has its own nuances.

The amount and procedure for receiving pregnancy and childbirth benefits depend directly on the recipient’s status. This refers to whether the woman is employed, a student, a self-employed individual, an attorney, a member of the military, unemployed, etc.

At the same time, while it is not particularly difficult for working women at companies, institutions, or organizations to receive maternity benefits, since it must be paid through their employer, where the amount is calculated by the accounting department, it is more difficult for individuals who practice law independently (i.e., self-employed individuals), as they must handle all the paperwork themselves.

From my own experience, I can confirm that it is quite difficult for a lawyer to receive maternity benefits. I’ve gotten the impression that my colleagues either didn’t receive it at all or didn’t apply to the relevant authorities very often. Therefore, in this article, I will discuss the right of female lawyers (self-employed individuals) to receive this benefit and its practical application.

1. The Right to Maternity Benefits

In accordance with Article 46 of the Constitution of Ukraine, citizens have the right to social protection, which includes the right to support in the event of total, partial, or temporary loss of working capacity, loss of a breadwinner, unemployment due to circumstances beyond their control, as well as in old age and in other cases provided for by law. This right is guaranteed by mandatory state social insurance funded by insurance contributions from citizens, enterprises, institutions, and organizations, as well as from the budget and other sources of social security; and by the creation of a network of state, municipal, and private institutions to care for those unable to work.

As of October 11, 2017, the group of persons who, in accordance with Article 18 of the Law of Ukraine “On Compulsory State Social Insurance” dated September 23, 1999, No. 1105, are covered by insurance in connection with temporary disability and are considered insured, now includes persons engaged in independent professional activities (payers of the single social contribution).

Thus, the right of female attorneys to state benefits in connection with pregnancy and childbirth is governed by the Law of Ukraine “On Compulsory State Social Insurance.”

Compulsory State Social Insurance is a system of rights, obligations, and guarantees that provides financial support, insurance benefits, and social services to insured persons at the expense of the Social Insurance Fund of Ukraine. One type of social insurance is health insurance.

Insured persons are entitled to receive, in the event of an insured event, financial support, insurance benefits, and social services as provided for by this Law.

Insured persons who, according to the State Register of Compulsory State Social Insurance, have less than six months of insurance coverage during the twelve months preceding the occurrence of an insured event are entitled to financial support in accordance with this Law in the following amounts: pregnancy and childbirth benefits—based on the accrued wages (income) from which insurance contributions are paid, but not exceeding the amount of the benefit calculated as twice the minimum wage established at the time the insured event occurs.

Maternity benefits are provided to the insured person in the form of financial support that compensates for the loss of wages (income) during the period of maternity leave.

Thus, maternity benefits are provided to female attorneys who are insured with the Social Insurance Fund of Ukraine—that is, who pay the unified social contribution to the Fund and have no outstanding debts.

Maternity benefits are paid to the insured person for the entire duration of maternity leave, which lasts 70 calendar days before childbirth and 56 (or 70 in the case of a complicated delivery or the birth of two or more children) calendar days after childbirth.

The basis for granting temporary disability, pregnancy, and childbirth benefits is a sick leave certificate issued in accordance with established procedures. For insured persons who practice law and are not employed under an employment agreement (contract), a copy of the sick leave certificate must be certified by the healthcare facility that issued it. The procedure and conditions for issuing, extending, and recording sick leave certificates, as well as for monitoring the correctness of their issuance, are established by the central executive authority responsible for formulating state policy in the field of health care, in consultation with the Fund.

Amount of Maternity Benefits

Pregnancy and childbirth benefits are provided to an insured person in the amount of 100 percent of the average wage (income), calculated in accordance with the procedure established by the Cabinet of Ministers of Ukraine, and do not depend on the length of insurance coverage.

The monthly amount of maternity benefits shall not exceed the maximum base for calculating the single contribution, from which insurance contributions to the Fund were paid, and may not be less than the amount of benefits calculated based on the minimum wage established at the time the insured event occurred.

Procedure for Calculating Average Wages (Income) for the Purpose of Determining Temporary Disability and Maternity Benefits

When calculating the average wage (income) for the purpose of providing benefits for temporary disability, pregnancy, and childbirth, all types of wages (income) are taken into account within the limit of the monthly wage (income) on which insurance contributions for temporary disability insurance are calculated.

The procedure for calculating average wages for the provision of benefits for temporary disability, pregnancy, and childbirth is determined by the Cabinet of Ministers of Ukraine.

Funding of insurers for the provision of financial support to insured persons is carried out by the Fund’s operational bodies in accordance with the procedure established by the Fund’s Board (the branch of the Social Insurance Fund for Temporary Disability at the place of registration).

The basis for the Fund’s operational bodies to provide funding to insurers is an application-calculation form prepared in accordance with the established template, containing information on the amounts of financial support accrued to insured persons, broken down by type.

Procedure:

At the 30th week of pregnancy, you must obtain a sick leave certificate from the antenatal clinic at your place of registration (supervision) to confirm your inability to work due to going on maternity leave. In the “place of employment” field, indicate “attorney” and the address where you practice law.
At the tax office where you are registered, request a certificate confirming that the Unified Social Tax (UST) for the calculation period (the last year) has been paid in full and that there are no outstanding balances. The relevant certificate from the tax authorities confirming payment of the Unified Social Tax (USC) on a monthly basis for the calculation period and as of the date the insured event occurred is issued free of charge. This certificate confirms the status of the insured person and the right to receive financial support from the Fund.
Open a separate checking account at a bank, in accordance with the procedure established by the National Bank of Ukraine, to which maternity benefits will be transferred. (Please be careful, as bank staff do not always understand on the first try that a specific account must be opened for this purpose and may simply issue a card for social benefits; however, this card is not suitable for the assistance in question. You must open a special account specifically for a lawyer (as for a sole proprietor) to conduct legal practice. Within this account, open a sub-account for sick leave payments and provide its details to the Fund, as funds will be credited directly to it.)

Submit the following set of documents to the branch of the Social Insurance Fund for Temporary Disability at your place of registration:

1. Application-calculation form (Appendix to the Procedure for Financing Insurers to Provide Financial Support to Insured Persons at the Expense of the Social Insurance Fund for Temporary Disability);

A copy of the sick leave certificate;

3. A tax certificate confirming payment of the Unified Social Tax (UST) for the relevant period on a monthly basis (including the month in which the sick leave certificate was issued);

A bank statement confirming the opening of an account for sick leave certificates;
A copy of the taxpayer identification number;
A copy of the passport;
A copy of the certificate of eligibility to practice law.

Documents for the assignment of temporary disability benefits for pregnancy and childbirth are reviewed no later than ten days from the date of their receipt.

Within 10 business days of the submission of the aforementioned documents, the benefits must be transferred to the designated account.

2. Entitlement to Childbirth Benefits

In practice, there are no difficulties in applying for or receiving this benefit. The relevant benefit is granted and paid by the social protection agency at the place of residence of the parents (adoptive parents, guardian, or custodian) or at the place of the child’s birth.

The documents required for the granting of state assistance to families with children are reviewed by the agency responsible for granting and disbursing state assistance within 10 days of the application date.

Birth assistance is provided to one of the parents or to a guardian who permanently resides with the child.

Important: You must apply no later than 12 calendar months after the child’s birth; otherwise, the benefit will not be granted.

Since March 30, 2017, it has also been possible to apply for the benefit online (https://e-services.msp.gov.ua/).

List of documents required to receive the benefit

Childbirth assistance for parents is granted on the basis of the child’s birth certificate.

To apply for childbirth assistance, one must submit an application to the labor and social protection agency, along with a passport or other form of identification, and the child’s birth certificate, one of the parents (or guardian) with whom the child permanently resides must submit an application in the form established by the central executive authority  which is responsible for formulating state policy in the areas of labor relations and social protection, along with a copy of the child’s birth certificate.

 In addition, to receive the benefit, you must provide the social protection authorities with the details of the bank account into which you plan to receive this benefit. The appropriate account (a card for social benefits) can be opened at any bank.

This list of documents is exhaustive.

Amount of Childbirth Assistance

The childbirth allowance is set at 41,280 hryvnias.  The benefit is paid as a one-time lump sum of 10,320 hryvnias; the remaining amount of the benefit is paid over the next 36 months in equal installments in accordance with the procedure established by the Cabinet of Ministers of Ukraine.

For individuals who, as of June 30, 2014, were eligible to receive childbirth assistance in the amount established for the first child, shall be granted a monthly benefit of 130 hryvnias for the following 12 months after the child reaches the age of two, in accordance with the procedure established by the Cabinet of Ministers of Ukraine.

I hope this article will be useful to my colleagues.

Let us remember that human rights are the opportunities guaranteed by law to possess, enjoy, and dispose of social benefits and values, and to exercise fundamental freedoms within the limits established by law. Therefore, exercise your rights and be persistent in defending them.

With faith in God and knowledge of the law!