1. What types of vacations are provided in connection with the birth of a child?
Pregnant women, women who gave birth to a child (children), women (men) who adopted a newborn child (children) are granted the following leaves in connection with the birth of a child:
1) a maternity leave;
2) a leave for employees who adopted a newborn child (children);
3) an unpaid leave to care for a child until he reaches the age of three (paragraph 1 of Article 99 of the Labour Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V).
2. How is maternity leave executed?
Pregnant woman shall, from the date specified in the temporary disability list entitling her to maternity leave, execute it by submitting a temporary disability list confirming her right to that type of leave (paragraph 2 of Article 99 of the Labour Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V).
3. When is the certificate of incapacity for work due to pregnancy issued?
A sheet or certificate of temporary incapacity for work due to pregnancy and childbirth is issued by a medical specialist (obstetrician-gynecologist), and in his absence - by a doctor, together with the head of the department after the conclusion of the MAC from thirty weeks of pregnancy for a period of one hundred twenty six calendar days (seventy calendar days before delivery and fifty-six calendar days after delivery) for normal delivery.
Women living in territories affected by nuclear tests are issued a sheet or certificate of incapacity for work due to pregnancy and childbirth from twenty-seven weeks with a duration of one hundred seventy calendar days (ninety-one calendar days before childbirth and seventy-nine calendar days after childbirth) with normal childbirth (paragraph 57 of the Rules for examination of temporary incapacity for work, as well as issuance of a sheet or certificate of temporary incapacity for work approved by the Order of the Minister of Health of the Republic of Kazakhstan dated November 18, 2020 No. ҚР ДСМ -198/2020).
4. What is the duration of maternity leave?
Maternity leave shall be provided for a duration of:
5. Who is granted leave without pay in order to care for a child under the age of three?
The employer is obliged to grant an unpaid leave to the worker for childcare until he reaches the age of three:
6. Is it necessary to be on vacation for three years, what will happen if the employee leaves the vacation ahead of time?
An unpaid leave for child care until the age of three is granted on the basis of a written application of the employee with indication of its duration and provision of a birth certificate or other document confirming the birth of the child.
The employee can use the leave to take care of the child until he reaches the age of three years in full or in parts.
In the case of starting work before the expiration of unpaid leave to care for a child under the age of three years, the employee must notify the employer of his intention one month before the start of work (paragraphs 2,4 of Article 100 of the Labour Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V).
At the same time, if necessary, working women with children under the age of one and a half years, fathers (adoptive parents) raising children under the age of one and a half years without a mother, are given additional breaks for feeding a child (children) at least every three hours of work of the following duration:
1) having one child, - each break of at least thirty minutes;
2) having two or more children, - each break for at least one hour.
Breaks for feeding a child (children) at the request of the employee are added to a break for rest and eating or the summarized breaks are provided at the beginning or the end of the working day (shift). Breaks for feeding a child (children) are included in the working hours. During the breaks, women, fathers, adoptive parents retain the average wage (paragraphs 3-5 of Article 82 of the Labour Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V).
7. Is maternity leave included in the length of service?
Time spent on maternity leave, time when the employee did not actually work, but the place of work (position) and wages were retained in full or in part are included in the length of service ((subparagraphs 2),3) of Article 91 of the Labour Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V).
For the period of an unpaid leave for the care of the child until he reaches the age of three, the employee retains his place of work (position)(paragraph 3 of Article 100 of the Labour Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V).
8. Is maternity leave granted to those who have adopted (adopted) a newborn child?
Employees who have adopted a newborn child (children) shall be entitled to leave for adopting a newborn child (children) (paragraph 1 of Article 99 of the Labour Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V).
Employees who adopted a newborn child (children) shall be granted (to one of their parents) a leave for the period from the day of adoption and until expiration of fifty-six days from the date of the birth of the child (paragraph 3 of Article 99 of the Labour Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V).
9. What are the conditions for assignment of social payment for loss of income due to pregnancy and childbirth, adoption of a newborn child (children)?
Social benefits in cases of loss of income due to pregnancy and childbirth, adoption (adoption) of a newborn child (children) shall be assigned to a member of the compulsory social insurance system who is entitled to receive social benefits from the fund (paragraph 1 of Article 23 of the Law of Republic of Kazakhstan «On compulsory social insurance» dated December 26, 2019 No. 286-VІ).
The public service is provided by the Joint-Stock Company «State Social Insurance Fund» and its branches (hereinafter - the Fund). The service is provided through: State Corporation «Government for citizens»; cellular phone charger. Timeframe for providing the public service 8 (eight) working days. To receive the service, the service recipient (or his representative under a notarized power of attorney) for the provision of public services, when applying to a State Corporation, provides an application in accordance with the form and the following documents: 1) an identity document; 2) for residents of the city of Baikonur - a certificate from the department for registration of citizens of the housing sector of the city of Baikonur;
3) a certificate (certificates) of temporary incapacity for work issued in connection with pregnancy and childbirth, adoption of a newborn child (children). (Appendix 9 to the Rules for calculating (determining) the amount of social benefits, for granting, recalculating, suspending, resuming, terminating and paying social benefits from the State Social Insurance Fund, approved by the Order of the Minister of Labor and Social Protection of Republic of Kazakhstan, dated June 8, 2020 № 217).
10. How is the amount of social payment calculated for loss of income due to pregnancy and childbirth, adoption of a newborn child (children) (for working women)?
The amount of social benefits in cases of loss of income due to pregnancy and childbirth, adoption (adoption) of a newborn child (children) is determined by multiplying the average monthly income taken into account as the object of calculating social contributions by the corresponding coefficient of the number of days of incapacity for work.
The average monthly income recorded as an object of calculating social contributions 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 breaks in social contributions during this period) preceding the month in which the right to social security payments, at twelve.
In determining the average monthly amount of income taken into account as the object of calculating social contributions, the provisions stipulated in parts three and four of paragraph 4 of Article 20 of this Law shall be taken into account.
For individuals who are payers of a single aggregate payment in accordance with Article 774 of the Code of the Republic of Kazakhstan «On Taxes and other obligatory Payments to the Budget» (Tax Code), income for each month from which social contributions were made is taken at the level of one minimum wage fees established for the relevant financial year by the law on the republican budget, except for the case provided for in part five of this paragraph.
In case of receipt of social contributions for the same period from an employer and an individual who is a payer of a single aggregate payment in accordance with article 774 of the Tax Code, when calculating social payments for cases of loss of income due to pregnancy and childbirth, adoption (adoption) of a newborn child (children) income of an individual who is a payer of a single aggregate payment in accordance with article 774 of the Tax Code , is taken at the level of income from which social contributions to the fund were made.
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 in connection with pregnancy and childbirth, as well as the adoption (adoption) of a newborn child (children), was issued by thirty calendar days (paragraph 3 of Article 23 of the Law of Republic of Kazakhstan «On compulsory social insurance» dated December 26, 2019 No. 286-VІ).
When calculating the amount of a social benefit for the loss of income due to pregnancy and childbirth, adoption of a newborn child (children), the average monthly income taken into account as an object of calculating social contributions 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 breaks in paying social security contributions during this period) preceding the month in which the right to the social benefit arose, by twelve using the formula below:
AMIdtpc = (MI 1 + MI 2 + MI 3.......+ MI 12) / 12, where:
AMIdtpc – average monthly income of a member of the compulsory social insurance system;
MI – monthly income accounted for as an object of calculating social contributions.
MI of individuals, who are payers of the single aggregate payment in accordance with Article 774 of the Tax Code, is determined as required by paragraphs 41, 45 and 55 of these Rules (paragraph 43 of the Rules for calculating (determining) the amount of social benefits, for granting, recalculating, suspending, resuming, terminating and paying social benefits from the State Social Insurance Fund, approved by the Order of the Minister of Labor and Social Protection of Republic of Kazakhstan, dated June 8, 2020 № 217).
The amount of a social benefit for the loss of income due to pregnancy and childbirth, adoption of a newborn child (children) is determined by multiplying the average monthly income accounted for as an object of calculating social contributions by the corresponding coefficient of the number of days of incapacity for work using the formula below:
SBpc = AMIdtpc х CND, where:
SBpc – social benefit for the loss of income due to pregnancy and childbirth, adoption of a newborn child (children);
AMIdtpc – the average monthly income of a member of the compulsory social insurance system determined in accordance with paragraph 43 of these Rules;
CND– coefficient of the number of days of incapacity for work.
The coefficient of the number of days of incapacity for work is determined by dividing the number of days for which a certificate (certificates) of temporary loss of capacity for work due to pregnancy and childbirth, adoption of a newborn child (children) was issued by thirty calendar days.
In this case, the value of the coefficient of the number of days of incapacity for work is rounded to one decimal place by applying the arithmetic rounding method (if the second decimal place is lower than 5, it is rounded to 0; if it is 5 and above - to 1). (paragraph 49 of the Rules for calculating (determining) the amount of social benefits, for granting, recalculating, suspending, resuming, terminating and paying social benefits from the State Social Insurance Fund, approved by the Order of the Minister of Labor and Social Protection of Republic of Kazakhstan, dated June 8, 2020 № 217).
11. What are the conditions for assignment of social payment for loss of income in connection with care for a child upon reaching the age of one year?
Social benefits in case of loss of income in connection with caring for a child upon reaching the age of one year shall be assigned to a participant in the compulsory social insurance system caring for the child (children) and entitled to receive social benefits from the fund.
At the same time, if child care is carried out by several participants in the compulsory social insurance system, a social payment in case of loss of income in connection with caring for a child upon reaching the age of one year is assigned to only one of these persons (paragraph 1 of Article 24 of the Law of Republic of Kazakhstan «On compulsory social insurance» dated December 26, 2019 No. 286-VІ).
The public service is provided by the Joint-Stock Company «State Social Insurance Fund» and its branches (hereinafter - the Fund). The service is provided through: State Corporation «Government for citizens»; e-Government web portal (www.egov.kz); cellular phone charger. Timeframe for providing the public service 8 (eight) working days. To receive the service, the service recipient (or his representative under a notarized power of attorney) for the provision of public services, when applying to a State Corporation, provides an application in accordance with the form and the following documents: 1) an identity document; 2) for residents of the city of Baikonur - a certificate from the department for registration of citizens of the housing sector of the city of Baikonur; 3) a certificate (certificates) of the birth of a child (children) (or a certificate containing information from the vital records of birth) for verification; If necessary (if any), the below indicated documents can be produced:1) a document confirming the registration of the birth of a child outside the Republic of Kazakhstan issued by the competent authorities of foreign states given consular legalization or a special stamp (apostille) (if any); 2) a certificate (certificates) of the death of the child (children) (or a certificate containing information from the vital records of death) for verification; 3) in cases of adoption of a child (children) under one year of age - an extract from the court decision on the adoption of the child (children) issued by the body performing the functions of guardianship or trusteeship; 4) in case guardianship (trusteeship), a document confirming the guardianship (trusteeship) over the child is submitted. (Appendix 10 to the Rules for calculating (determining) the amount of social benefits, for granting, recalculating, suspending, resuming, terminating and paying social benefits from the State Social Insurance Fund, approved by the Order of the Minister of Labor and Social Protection of Republic of Kazakhstan, dated June 8, 2020 № 217).
12. How is the amount of social payment for loss of income due to taking care of a child when a child reaches one year of age (for working people) calculated?
Monthly social payments for loss of income in connection with care for a child who has reached the age of one year are determined by multiplying the average monthly amount of income taken into account as the object of calculating social deductions by the income replacement rate.
In this case, the income replacement rate is 0.4, and the average monthly amount of income taken into account as the object of calculating social contributions is determined in accordance with parts two, three and four of paragraph 4 of Article 20 of this Law.
For individuals who are payers of a single aggregate payment in accordance with Article 774 of the Code of the Republic of Kazakhstan «On Taxes and other obligatory payments to the Budget» (Tax Code), income for each month from which social contributions were made is taken at the level of one minimum wage fees established for the relevant financial year by the law on the republican budget, except for the case provided for in part four of this paragraph.
In case of receipt of social contributions for the same period from an employer and an individual who is a payer of a single aggregate payment in accordance with article 774 of the Code of the Republic of Kazakhstan «On taxes and other obligatory payments to the budget» (Tax Code), when calculating social payments for In case of loss of income due to caring for a child upon reaching the age of one year, the income of an individual who is a payer of a single aggregate payment in accordance with Article 774 of the Code of the Republic of Kazakhstan «On taxes and other obligatory payments to the budget» (Tax Code) is accepted at the level income from which social contributions to the fund were made.
The amount of social benefit in case of loss of income due to caring for a child after reaching the age of one year cannot be less than the amount of the monthly state allowance assigned and paid for caring for a child upon reaching the age of one year, established depending on the order of birth of a child in accordance with the Law of the Republic of Kazakhstan «On State Benefits to Families with Children», with additional calculation of mandatory pension contributions subject to withholding in accordance with Article 26 of this Law.
The maximum amount of social benefits in case of loss of income due to caring for a child upon reaching the age of one year should not exceed 40 percent of the 7 times the minimum wage established by the law on the republican budget on the date the right to social benefits arises (paragraph 4 of Article 24 of the Law of Republic of Kazakhstan «On compulsory social insurance» dated December 26, 2019 No. 286-VІ).
When calculating the amount of social benefits for the loss of capacity for work, loss of the breadwinner, loss of job and loss of income due to caring for a child under one year of age, the average monthly income taken into account as an object of calculating social contributions is determined by dividing the amount of income, from which social contributions were made for the previous twenty-four calendar months (regardless of whether there were breaks in paying social contributions during this period) preceding the month in which the right to the social benefit arose, by twenty-four using the formula below:
AMI = (MI 1 + MI 2 + MI 3.......+ MI 24) / 24, where:
AMI – average monthly income of a member of the compulsory social insurance system;
MI – monthly income accounted for as an object of calculating social contributions.
MI of individuals, who are payers of the single aggregate payment in accordance with Article 774 of the Tax Code, is determined as required by paragraphs 41, 45 and 55 of these Rules.
At the same time, in accordance with part two of paragraph 1 of Article 22 of the Law, when calculating the amount of a social benefit for the loss of job, the income of an individual who is a payer of the single aggregate payment in accordance with Article 774 of the Tax Code is not taken into account (paragraph 42 of the Rules for calculating (determining) the amount of social benefits, for granting, recalculating, suspending, resuming, terminating and paying social benefits from the State Social Insurance Fund, approved by the Order of the Minister of Labor and Social Protection of Republic of Kazakhstan, dated June 8, 2020 № 217).
The amount of a monthly social benefit for the loss of income due to caring for a child under one year of age is determined by multiplying the average monthly income accounted for as an object of calculating social contributions by the income replacement coefficient using the formula below:
SBcc = AMI х IRC, where:
SBcc – social benefit for the loss of income due to caring for a child under one year of age;
AMI – average monthly income of a member of the compulsory social insurance system determined in accordance with paragraph 42 of these Rules;
IRC – income replacement coefficient.
IRC is 0.4 (paragraph 52 of the Rules for calculating (determining) the amount of social benefits, for granting, recalculating, suspending, resuming, terminating and paying social benefits from the State Social Insurance Fund, approved by the Order of the Minister of Labor and Social Protection of Republic of Kazakhstan, dated June 8, 2020 № 217).
13. What are the conditions for the assignment of benefits for the birth of a child and for the care of a child?
Families with children born, adopted (adopted), as well as children taken under guardianship (guardianship) have the right to receive:
1) birth allowances;
2) care benefits in cases where:
The public service is carried out by the territorial divisions of the Committee of Labor, Social Protection and Migration of the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan (hereinafter – the service provider). The service is provided via: 1) non–profit Joint Stock Company «State Corporation «Government for Citizens» (hereinafter - the State Corporation); 2) e-government web portal www.egov.kz (hereinafter referred to as the portal); 3) a cellular subscriber device. Timeframe for providing the public service in case of applying to the web portal, to the State Corporation or through a proactive service – from the moment of registration of the package of documents in the State Corporation – 7 (seven) working days. To receive the service, the service recipient (or his representative by a power of attorney certified by a notary or an official performing notarial acts) provides an application in accordance with the form and the following documents: 1) the identity document of the applicant – for identification 2) a certificate (certificates) of the birth of a child (children) (an extract from the birth certificate, or a certificate of registration of the act of civil status issued by the civil registration authorities) (Appendix 1-1 to the Rules for the Appointment and Payment of State Benefits to Families with Children, approved by Order No. 319 of the Minister of Health and Social Development of the Republic of Kazakhstan dated May 5, 2015).
14. What are the amounts of lump sum payments for the birth of a child, monthly child care allowances, up to 1 year (for non-working people)?
Benefits in accordance with this Law are established in the following amounts:
1) birth allowance:
2) care allowance: