According to Art.19 of the Law of Ukraine “On compulsory state social insurance” of 23.09.1999, № 1105-XIV (hereinafter - the Law № 1105-XIV) the right to material security and social services for insurance due to temporary disability have insured citizens of Ukraine, foreigners, stateless persons and their family members who live in Ukraine, unless otherwise provided for by the international treaty of Ukraine, and ratified by the Verkhovna Rada of Ukraine.
According to paragraph 4 of Article 19 of the Law № 1105 the insured people, who within twelve months before the insurance case, according to the State Register of compulsory state social insurance, with insurance period less than six months are entitled to material security in the following amounts:
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temporary disability benefit - based on accrued wage, from which insurance contributions are paid, but per month not higher than the minimum wage established by law in the month of the insurance case;
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maternity benefit - based on accrued wage, from which insurance contributions are paid, but per month not higher than double minimum wage and not less than the minimum wage established by law in the month of the insurance case.
In accordance with paragraphs 1 and 2 of Article 21 of the Law № 1105 insurance period - period (term) during which the person was subject to insurance due to temporary disability and during which insurance contributions were paid by the person and the employer. The insurance period is calculated according to the personal record-keeping of information of the insured people of the State Register of compulsory state social insurance, and for periods prior to its introduction - in the manner and on the terms provided for by previously current legislation.
It should be noted that maternity benefits are paid at the expense of social insured amounts. In this case the benefit amount does not depend on insurance period of female worker. That is the maternity benefits are to be accrued amounting to 100%.
If within twelve months before the insurance case, the insured person has insurance period less than six months, temporary disability benefit, maternity benefit regardless of acquired insurance period, is provided for in accordance with paragraph 4 of Article 19 of the Law № 1105.
If the insurance period of the insured person within twelve months before the insurance case would be six months or more, the maternity benefits are to be paid without restrictions - in an amount equal to 100% of the average wage regardless of insurance period in accordance with Article 26 of the Law № 1105.
Thus, if within twelve months before the maternity leave the insured person has insurance period less than six months, she can count on maternity benefit per month not exceeding double minimum wage. However the amount of the maternity benefit per month cannot be less than the minimum wage established by law in the month of the insured event.
