Is maternity and child care leave included in the length of service? Is maternity leave included in the total length of service? Is maternity leave included in the length of service for a pension?

Is maternity leave included in the length of service: basic provisions

Women who are planning to raise a child in the near future are wondering what the consequences of interrupting their professional activities will be.

Whether maternity leave is included in your length of service, how the period of child care is taken into account when applying for a pension, and how many vacation days are due by law, you will learn in detail from this article.

The concept of maternity leave and seniority

According to the requirements of labor legislation, a woman has the right to rest during pregnancy and after the birth of a child. Such leave is paid; the employer is assigned the obligation to issue orders to release the woman from her work duties.

According to the law, work experience is counted in the following cases:

• caring for a child until he is one and a half years old;
• during pregnancy and after the birth of children within the period established by labor law;
• dismissal of an employee due to going on leave to care for a child who is a disabled person of group 1, in some cases – 3;
• due to temporary disability, work injury, or injury.

The duration of the vacation is:

• during normal childbirth - 140 days, of which 70 are allocated before the birth of the child, 70 - after this date;
• for health complications, the period is 156 days;
• when several children are born, the worker is entitled to rest for 194 days;
• In the event of the death of a newborn, the employee is required to provide from 3 to 7 days of sick leave to recuperate.

Maternity leave starts:

• at 30 weeks with a normal pregnancy and expecting the birth of one child;
• early at 28 weeks if there are two or more children in the womb.

The amount of benefits for temporary disability due to pregnancy and childbirth is 40% of wages, the funds are paid by the company with which the employment contract is concluded.

Payments are made until the child reaches one and a half years old. After this, the woman can return to work or extend her vacation to 3 years, however, it will not be paid by the employer.

Based on Art. 255, 256 of the Labor Code of the Russian Federation, the workplace remains with the employee for the entire period of maternity leave.

How is maternity leave counted?

The procedure for calculating the period that will be included in the length of service has been establishedBy Order of the Ministry of Health and Social Development of Russia No. 91 of 02/06/2007 . Based on the provisions of this act, the following norms were adopted:

• when calculating work periods, a month is taken to be equal to 30 days, and a year to 12 months;
• if the periods of leave to care for several children coincide, the dates at the request of the employee are counted;
• records of experience are entered on the basis of the work book data or replacement documents in its absence: certificates from the employer, archival extracts, payment calculations, etc.;
• in the absence of supporting documentation, length of service is accrued on the basis of a court decision based on evidence, in particular, witness testimony;
• if the submitted papers do not contain the dates of appointment to a position and going on maternity leave, then July 1 of the year is taken into account; if the date of the month is not indicated, the middle of the period, the 15th, is taken as a basis.

To go on leave and receive payments, a maternity leaver must take a certificate from the antenatal clinic and send an application to the employer.

Sample medical certificate of pregnancy from antenatal clinic

After the birth of children, in order to calculate payments from the enterprise or social authorities, you should contact the institutions and provide a birth certificate from the registry office.

Additionally, a certificate from the place of employment of the second parent is attached stating that he does not receive payments or benefits at the expense of the Social Insurance Fund of the Russian Federation in connection with the birth of the baby.

If a woman in labor does not have permanent employment, then the amount of financial support for the period of child care is established by the state.

Social services monitor compliance with labor rights during pregnancy. Termination of a contract with a woman at such moments is punishable administratively.

The amount of the benefit, also in the absence of official employment of the woman, must be no less than the minimum wage accepted in the region of residence. Maternity payments are subject to charges to the Social Insurance Fund of the Russian Federation and the Pension Fund of the Russian Federation for the insurance part.

How time on maternity leave will be taken into account when retiring

According to the requirements of labor law of the Russian Federation, women on maternity leave retain their length of service. The period from 30 when expecting one baby or 28 weeks in case of a multiple pregnancy until going to work after 1.5 or 3 years is included in the total length of service.

The total duration of periods of maternity leave for inclusion in the length of service should not exceed 6 years. The basis is the birth of four children with leave until each reaches the age of 1 year and 6 months.

If the time spent on maternity leave is more than 6 years, then the rest of the time is not included in the length of service and does not affect the date of retirement and pension contributions.

Does maternity leave count towards insurance coverage?

In 2017, vacation time when a child reaches 1.5 or 3 years of age is included, since contributions to the Pension Fund of the Russian Federation are made at the expense of the employer or social authorities.

For civil servants, only the time spent on maternity leave until the child reaches one and a half years is taken into account.

During these periods, the employee is considered disabled due to maternity. From the due payments, contributions for the social and insurance part are subject to payment to the Federal Social Insurance Fund of the Russian Federation. The latter has a cumulative effect and affects the size of the pension in the future.

Does maternity leave count towards the calculation of pensions?

The calculation of the pension is carried out taking into account the time spent on maternity leave and accrued contributions to the insurance part. Periods of work before 2002, before the introduction of the individual (personalized) accounting system, are counted on the basis of work book data or other supporting documents about periods of employment.

Leave until the child reaches the maximum age of one and a half years, 6 years in total for all children, is counted when determining length of service. And also when engaged in professional activities that give the right to receive a pension earlier than the established time on preferential terms.

These specialties include work in hazardous industries, in the Far North and similar areas, in areas with high levels of radiation.

If a woman is absent from work after one and a half years, she is considered to be on leave without pay. She is paid a symbolic 60 rubles by the Social Insurance Fund or her employer. per month.

Payments of contributions to the Social Insurance Fund of the Russian Federation do not occur, as well as for the insurance part of pension savings. In this regard, the specified period is included in the total length of service, but does not affect the size of the pension in the future.

The period of maternity leave and child care is included in the insurance period if deductions were made at the expense of the employer or the Social Insurance Fund.

Payments are made through payments in the amount of at least 40% of the employee’s average earnings before going on vacation or in the amount established by the social service, but not less than the minimum wage.

Calculation of maternity leave

In 2017, maternity benefits are calculated using the following formula:

(Salary for 2 years/number of days in a continuous year)* number of days of maternity leave = benefit amount

number of days in the current year

Sample calculation:

For 2 years, Olya’s salary was 20,000 rubles. In total, for 24 months her income amounted to 480,000 rubles.

1. There are only 365 days in 2017. Payment is 1,315 rubles. - This is a daily wage.
2. The duration of her maternity leave was 140 days.
3. According to the formula for calculating maternity leave:
4. (480000/365)*140 = 189000 rub.
5. In total, the total benefit amount will be 189,000 rubles.

Certain features arise when a woman works for up to 6 months. In this case, calculations are made based on the minimum wage.

Labor activity, and, accordingly, its length of service, is considered a combined definition of general, continuous, special and insurance length of service. Continuity is characterized by the maximum duration of continuous activity, which is not reflected in the amount of the final pension. This takes into account the number of actual employers. Many users are interested in the question of whether maternity leave is included in the length of service or not.

The specialty of the working period is reflected in the special conditions of labor activity, in particular, work in hazardous industries, in extreme weather conditions. This parameter is taken into account for early retirement.

Under normal conditions, the age when men are allowed to retire is reached after twenty-five years of working activity, for women - after twenty.

Is maternity leave included in the length of service or not? To clearly answer this kind of question, it is necessary to study domestic legislative documents.

During the period of birth of a child and until he reaches age, time spent on maternity leave is counted as a component of work experience.

However, there are a number of exceptions.

The following options are available:

• the woman carried out her activities on the basis of an employment contract until her child was born;
• the woman did not work in an official job until she went on maternity leave, that is, she was unemployed;
• the woman worked at an unofficial job until she went on maternity leave.

If a woman in labor goes on maternity leave from official work, then this period is included in the length of service.

However, to do this you need to do the following:

• provide the organization’s human resources department with the necessary medical documents from the maternity hospital;
• Based on the data received, it is necessary to make some note in the work book.

Important! If there is no maternity leave mark in the labor book of the woman in labor, it is necessary to initiate legal proceedings.

It is worth noting that the maternity period is divided into parts:

• from birth to one and a half years;
• from one and a half to .

In the first case, the time allotted for caring for the baby is included in any type of work experience, except preferential one.

An exception is made for women who gave birth to a child before the legislation was changed - before October 6, 1992.

In the second case, from one and a half years to three, the time period is counted exclusively in the total length of service.

Since 2007, the length of service on maternity leave used in calculating pension savings fully includes:

• vacation period for pregnancy and childbirth;
• vacation period from birth until the child reaches the age of 1.5 years.

Thus, the second year and a half is excluded from the calculated pension period.

Formation of work experience when maternity leave coincides with two or more children.

Cases often arise when a woman who gave birth to her first child is on her child’s current maternity leave.

The total complexity of maternity leave should not exceed 1.5 * 4 = 6 years. This means that in order to increase your working life, you need to give birth to up to four children at the rate of one and a half years.

If the parents decide to give birth to another child, that is, a fifth, the woman is deprived of the opportunity to extend her working life.

If after the first stage a woman does not go to work with a child, then maintenance will cease to be paid to her.

The amount of the monthly payment made by the social insurance fund or employer is considered symbolic (50 rubles).

But from 01/01/2020, maternity payments for a child from 1.5 to 3 years old are up to approximately 10,000 rubles. per month. But for this you need to fall under the category of a low-income family.

A similar situation can be seen not only among women in ordinary professions, but also among civil servants.

When working in the Far North, a woman on maternity leave has the right to receive a preferential pension. It will only include the period when the child did not celebrate his one and a half birthday. After this period, it will be possible to talk only about the total length of service.

Calculation of length of service on maternity leave.

Pension fund employees are responsible for calculating length of service.

Department employees carry out calculations based on a number of rules, in particular:

• each month is taken to be equal to thirty calendar days;
• each year is taken to be equal to twelve months;
• if the periods of caring for two consecutively born children on maternity coincide, the dates of leave are counted on the basis of the application provided by the woman;
• all recorded changes are made on the basis of the applicant’s work book or documents similar to it;
• in the absence of notes on maternity leave, the calculation of length of service is made based on the decision of the judicial departments;
• if the documents do not contain the date of termination of work of a pregnant woman due to maternity leave, it is taken equal to July 1;
• If there is no specific date in the documents for the pregnant woman to go on maternity leave, but only the month is indicated, it is taken equal to the fifteenth day of the month.

Receiving any compensation for a woman in labor is possible only if she provides a number of documents:

• baby's birth certificate;
• employee passports;
• a certificate of non-provision of this service to the second parent.

In situations where, while on maternity leave with the first child born, a woman gives birth to a second one, it is necessary to close the previous leave and.

Only in this case does the parent have the right to continue her work experience and receive child benefits.

Thus, in view of the above information, we can conclude that the maternity period is included in the total length of service, regardless of the first or second period. This is possible provided that the work activity took place on an official basis.

This period is not included in the calculation of pension contributions. In the case where the employer did not send the employee’s data to the pension departments, a revision of the work experience can be achieved through legal proceedings.

Similarly, the problem of incorrect recalculation of length of service can be solved in a situation where the company that hired the employee went bankrupt.

Conclusion.

To account for length of service during the vacation period, it is necessary to provide a work book and various relevant contracts, salary reference materials, as well as other business papers stored in the archive.

Reading time: 9 minutes.

Women who decide to have a child and go on maternity leave are interested in the question of whether it is included in their work experience. And how long can you be on maternity leave so that in the future this period will be included in your working life to accrue a good pension.

What is maternity leave and what is its duration?

Maternity leave is paid and provided to a woman for the successful completion of pregnancy and the birth of a child.

The decree is divided into two stages:

Stage 1 – rest during pregnancy and childbirth. People go there on the basis of a sick leave certificate. Since the woman has health insurance, sick leave is paid in full, regardless of length of service.

Stage 2 - parental leave upon reaching 1.5 years of age - begins after the end of sick leave (upon application).

Important! The maternity leave is assigned by the employer, according to the sick leave certificate provided by the pregnant employee. Therefore, he is included in the insurance period and is considered a worker included in the length of service.

Available for a maximum of three years. Despite this, a woman can go to work earlier, but she must write a corresponding statement to the employer. This vacation is divided into two equal parts. The first is partially paid, and the second is at the discretion of the employer.

1. Officially employed persons;
2. Women studying in the employment service;
3. Full-time students;
4. Persons liable for military service in a civilian position.

What is work experience

This is labor or other socially useful activity that lasts for a certain period established in the Labor Code of the Russian Federation. Working activity is the basis for receiving a pension, vacation pay, temporary disability benefits, and receiving wages.

What periods are included in the length of service:

• Period of professional activity.
• The period during which a woman is on maternity leave.
• Studying at a university and serving in the armed forces.

According to the Labor Code, length of service includes the period when there is an official working relationship between the employer and the employee (starts from the moment the hiring order is signed).

Suspension of the working period is considered the moment of termination of the contract between the employee and the employer. The legislation provides for the time when the length of service is considered continuous if the citizen has not entered into an employment relationship.

Is maternity leave included in seniority?

Starting from 2007, maternity leave began to be included in the length of service for calculating pensions, but not for the entire period.

Incoming periods:

1. All maternity leave is included.
2. The time spent caring for a child is only up to one and a half years; the remaining 1.5 years are not included in the working life for calculating the pension.

Important! In total, the length of service should not exceed six years, this means that maternity leave is taken into account only for 4 children (one and a half years for each). All subsequent ones will not be included in the general period.

The procedure for calculating pension length for women is no different from that for men. The working period includes rest during pregnancy and childbirth. These include additional rest provided by the state to protect motherhood and childhood.

First you need to distinguish between two concepts:

1. Period of temporary disability due to pregnancy and childbirth.
2. Exemption from the need to engage in labor activity in connection with caring for a child until he reaches 1.5 or 3 years of age.

In the first case, the maternity leave is fully included in the length of service. The second one is turned on only for 1.5 years.

When determining the right to a pension in connection with teaching activities, only maternity leave for up to 1.5 years, which the woman received before 06.10.1992, is taken into account. When going on maternity leave at a later period, it is not counted towards the special length of service for receiving an early pension.

The period during which a female soldier was on maternity leave is included in the total duration of military service and is counted as length of service. For commercial enterprises, length of service takes into account maternity leave under general conditions.

Exemption for pregnancy and childbirth is fully included in the total insurance period. And for childcare, only the first year and a half gives the right to receive an old-age pension. Confirmation of the fact of transfers is the provision of maternity benefits, compulsory medical insurance policy (as part of pension insurance).

The insurance period of work is defined by Article 11 No. 173 of the Federal Law “On Labor Pensions” as the time of human activity in various fields. Since parental leave can be granted not only to the mother, but also to any other officially registered relative of the family, this will be considered for him.

By Order of the Ministry of Health No. 91 of 2007, sick leave is paid for the entire period of incapacity for work during which the citizen was considered insured. From January 1, 2019, care leave has been extended until the child turns four and a half years old, but one and a half years will be paid and counted.

For the unemployed

The time when a woman was registered for unemployment, as well as the period until the child turned one and a half years old, caring for a disabled person of the first group and an elderly person over 80 years old is taken into account when assigning a pension, regardless of whether they were recorded before or after unemployment.

This time does not apply to preferential length of service. Persons receiving unemployment benefits have the right to include this time in their work experience, but without increasing the size of their future pension. They are given a certificate for counting.

It happens that not every employer will be willing to respect the legality of a woman’s rights. And not everyone will hire her if she has no children and is young. After all, they understand perfectly well that maternity leave time will have to be allocated according to the law, and someone else will have to work.

Many employers are not going to talk about the fact that there are several features that will affect the overall picture. Namely:

1. The maternity leave provided cannot be reduced. All days that are prescribed to a person must be spent outside the workplace. Many entrepreneurs boldly violate this law, because downtime is not beneficial to them. They call a person even a day earlier, as long as she starts working. For this, you can be asked to pay cash benefits.
2. The amount of the monthly payment should be based on the average salary that the girl received. That is, the entire working period is traced and a specific amount is determined.
3. A girl can easily work several hours a day if she agrees to it. At the same time, benefits and wages are paid in the amount that she deserves.
4. If a second child is born, the first leave sheet is closed and the second one is opened. In this case, it is prohibited to fire a person or move him from his official position.

To avoid possible problems and difficulties regarding the inclusion of maternity leave in the work experience, a woman should approach the process of registering a maternity leave with knowledge of the matter, completing the established measures in a timely manner.

First of all, you need to obtain a certificate of incapacity for work as early as possible, preferably immediately after confirming the fact of pregnancy. Employees of the maternity hospital, antenatal clinic and a number of other medical institutions have the authority to issue these documents.

Special attention should be paid to the preparation of an application, which the pregnant woman must submit to the manager or other authorized person. This document is written in the name of the employer and drawn up in the HR department. The latter's employees, if necessary, will help with the preparation of the application. In general, there are no super-complex requirements for it. The main thing is to clearly formulate the reason for the vacation and correctly determine the duration.

The timing of maternity leave is set taking into account the characteristics of pregnancy and other important points, determined individually for a specific situation. Typically, leave is given from 28-30 weeks of pregnancy, and this is noted on the certificate of incapacity for work.

Additionally, a second application is drawn up requesting the provision of the required financial assistance. Along with this application, a sick leave certificate is submitted, as well as a certificate obtained from the antenatal clinic.

At the end of the document, the date of preparation is usually indicated, and the paper itself is certified by the signature of the applicant.

It is important to understand that women have the right to receive paid and guaranteed maternity leave only in the case of official employment and with an employment contract.

After completing maternity leave, the parent can take additional leave to care for the child until the latter reaches 1.5-3 years of age. In this case, not only the mother, but also the father, as well as other guardians of the child who are actually caring for him, have the right to receive it.

The procedure for calculating the period that will be included in the length of service is established by Order of the Ministry of Health and Social Development of Russia No. 91 dated 02/06/2007. Based on the provisions of this act, the following norms were adopted:

• when calculating work periods, a month is taken to be equal to 30 days, and a year to 12 months;
• if the periods of leave to care for several children coincide, the dates at the request of the employee are counted;

• records of experience are entered on the basis of the work book data or replacement documents in its absence: certificates from the employer, archival extracts, payment calculations, etc.;
• in the absence of supporting documentation, length of service is accrued on the basis of a court decision based on evidence, in particular, witness testimony;
• if the submitted papers do not contain the dates of appointment to a position and going on maternity leave, then July 1 of the year is taken into account; if the date of the month is not indicated, the middle of the period, the 15th, is taken as a basis.

To go on leave and receive payments, a maternity leaver must take a certificate from the antenatal clinic and send an application to the employer.

After the birth of children, in order to calculate payments from the enterprise or social authorities, you should contact the institutions and provide a birth certificate from the registry office.

Additionally, a certificate from the place of employment of the second parent is attached stating that he does not receive payments or benefits at the expense of the Social Insurance Fund of the Russian Federation in connection with the birth of the baby.

If a woman in labor does not have permanent employment, then the amount of financial support for the period of child care is established by the state.

Social services monitor compliance with labor rights during pregnancy. Termination of a contract with a woman at such moments is punishable administratively.

The amount of the benefit, also in the absence of official employment of the woman, must be no less than the minimum wage accepted in the region of residence. Maternity payments are subject to charges to the Social Insurance Fund of the Russian Federation and the Pension Fund of the Russian Federation for the insurance part.

Algorithm for processing documents and obtaining leave:

1. Collection of necessary documents.
2. Writing an application.
3. Coordination of vacation dates with the employer.

Documentation:

• application addressed to the director of the organization;
• a medical report from a doctor from the residential complex, which indicates the date of application and registration;
• sick leave issued by a gynecologist. It should contain information about the date of birth;
• if a woman worked at several enterprises - a certificate from each of them indicating the amount of wages;

After all the papers have been collected, a statement is written, which should contain a request for leave for a certain number of days.

Legislation

The main legal acts that regulate the procedure for taking parental leave and methods for recording length of service:

• Labor Code of the Russian Federation.
• Federal Law-81 on state benefits for citizens who have children.
• Federal Law-255, which provides for social insurance during maternity.
• Federal Law-173 on pensions with a certain length of service.
• Order of the Ministry of Health and Social Development, which establishes new rules for calculating work and insurance experience.

Most mothers on maternity leave are interested in the question: is maternity leave included in the length of service? There are a lot of thoughts spinning in my head: is it possible to stay at home for the maximum period allowed, or should I go to work at the first opportunity so that my work experience continues to increase? Let's try to understand all the pressing questions and give them the most clear answers.

Seniority

Work experience (TS) is a general concept that includes general, continuous, special and insurance experience.
Continuous – the maximum duration of continuous work activity. One or more employers are taken into account. The continuity of the vehicle does not affect the amount of the pension in any way.
Special – work in specific conditions (harmful production, harsh natural conditions, etc.). This length of service allows for early retirement due to length of service or due to work under special conditions.
Certain industries require counting 1 working season as a year of pensionable service (logging, fishing industry, forestry, etc.).
To retire by age, men must be at least 25 years old, and women must be at least 20 years old. The only difference is the work in the Far North and equivalent regions. There the calculation is done a little differently.

Decree

What is popularly called “maternity leave” stands for paid leave in connection with pregnancy and childbirth. This right is inherent to any employee according to the Labor Code of the Russian Federation. The Code contains detailed descriptions of the periods when you can stay at home. But it is not precisely stated whether maternity leave is counted during the length of service. This point is regulated by slightly different documents.

How long can you stay at home?

Before you figure out whether maternity leave is considered part of the length of service, you should understand that this period is quite long.
140 days during normal labor (70 before birth and the same amount after).
156 days for complicated childbirth.
194 days for multiple pregnancy.

If the pregnancy was interrupted for any reason, then the woman is entitled to recovery time, as when the child was unable to survive its first week. It is unlikely that a woman will figure out whether this period will be included in her work experience, since she has no time for that. At a minimum, she can count on 3-7 days off.

Calculation of maternity leave

A woman’s absence from work is always confirmed by a sick leave certificate or a personal statement. When you have sick leave, you do not need to apply.
If for some reason a woman wants to go on maternity leave later than expected (perhaps she wants to receive a salary longer or the salary is more than the disability benefit), then she will have to write an application.
Payments are calculated based on the dates indicated on the sick leave certificate or the employee’s application. According to the new rules, the calculation period is considered to be the last 2 years worked (the current year is not taken into account in the calculation). Either both of these years took place at the same company, or different ones. When at different jobs, a certificate of income received at the previous job is provided. In any case, the benefit amount will be calculated from the Social Security Fund.

Does maternity leave count towards insurance coverage?

Everything related to the calculation of insurance experience is regulated by Art. 11. Law of December 17, 2001 No. 173-FZ “On Labor Pensions in the Russian Federation”.
It is necessary to immediately clarify that there are three periods:

• Associated with pregnancy and childbirth.
• Caring for an infant under 1.5 years old.
• Care up to 3 years.

There are differences between the concepts of work experience and insurance experience. These concepts are different from each other and have different effects on retirement.
Work experience includes any activity, this also includes service in the army or other bodies, maternity leave, disability of 1st and 2nd groups due to occupational injuries, caring for relatives in these disability groups, the period of calculating unemployment benefits and caring for an infant until the 3rd age. summer age.

The insurance period is the time when the employee made contributions to the Pension Fund.
The first option is that the specified period is fully included in the employee’s TS. The other 2 periods are only partially included. When a mother or father consistently takes out parental leave (for 2 children or more), then only up to 1.5 years of care for each child, but in total no more than 3 years, is counted in the insurance. That is, if you take turns caring for 3 children, then only 3 years out of 4.5 years are included in the insurance period. Most people take parental leave one at a time to maintain coverage for each family member. Even grandparents can be involved for this.
Most of all, the impact of maternity leave on length of service is of interest to representatives of specific professions who, according to certain indicators, retire early - these are teaching staff and military personnel.

This length of service is considered special, according to which temporary disability due to pregnancy and childbirth (140 days) is included in the length of service, but a period of up to 3 years is considered only for employees who were listed as disabled before 10/06/1992. After this date, maternity leave ceased to be taken into account when calculating the special insurance period.

Does maternity leave count towards the calculation of pensions?

Experience is a documented period of a person conducting any activity. Official length of service is included in the calculation of pensions, but unofficial length of service is not, excuse me, not. Again, there is one caveat - work activity should be carried out only on the territory of the Russian Federation. If you worked abroad, but contributions went to the Russian Pension Fund, then this period will be an exception.

Part of the work record may also include time spent in prison due to a wrongful conviction. Of course, if there is an appeal against it.

There are many other factors that influence the calculation of pensions, but we are interested in maternity leave.
Whether maternity leave is counted toward length of service will depend on the type of release from labor and its duration. Article 225 of the Labor Code of the Russian Federation states that parental leave is part of continuous service at the enterprise, in particular in the position in which they worked before maternity leave. An exception is early retirement due to the employee’s old age.
Summarize. So what do we get? Insurance experience – 1.5 years of child care out of 3, working experience – all 3 years. Children, after all, require care, but who will provide it is the question. Decide for yourself what is more important - caring for the baby or thinking about whether this period of time will be taken into account when calculating pension benefits. It seems the answer is obvious. Set your priorities regarding the current situation.

For women who are planning to have a child in the near future, it is very important the question arises whether the period of temporary incapacity associated with childbirth and child care is included, in work experience.

The opinions that arise on this matter are completely opposite - some say that the maternity leave is counted, and some argue that the woman may lose her accruals.

This will undoubtedly have a negative impact on the size of your future pension. Of course, both points of view do not fully correspond to reality.

In modern labor legislation of the Russian Federation, the concept of “maternity leave,” which usually means leave due to disability caused by the birth of a child, is not used.

It is outdated, but was used in the Labor Code, which lost its validity in 2001, “giving way” to the Labor Code (LC) of the Russian Federation that replaced it. However, the concept of “maternity leave” is so commonly used in everyday life that it cannot be ignored, so it will also be used in this article in its original meaning.

According to the Labor Code, there are three types of exemption from work related to the birth and upbringing of a child. Let's look at each of them.

Maternity leave

Its onset is influenced by the so-called preliminary date of birth (PDD), which is set by the gynecologist observing the pregnant woman. The doctor issues a certificate indicating the PDR, which the woman submits to the HR department. As a general rule, the duration of this period is 140 days (70 before childbirth and 70 after it).

Its duration can be increased in case of birth complications, as well as in the birth of several children.

Parental leave for up to one and a half years

This is a period that is paid by the employer or social security authority.

Child care leave up to 3 years

This period is no longer paid, but if a woman decides to use it, she cannot be called to work.

It is important to note that if the first type of leave, associated with the birth of a baby, can only be used by one woman, then the father or even grandparents can go on care leave.

The experience itself is divided into three groups:

1. Labor. Refers to the number of years actually worked.

1. Insurance. The period during which insurance premiums were paid

1. Preferential. Duration of work activity in difficult or special conditions.

Based on all this gradation, it turns out that certain periods of maternity leave must be taken into account in different ways when calculating length of service.

Maternity leave - is it included in the length of service or not?

Maternity leave is fully included in the total length of service. In other words, from the moment she goes on vacation due to pregnancy and when the baby reaches three years old, the woman is registered at the same enterprise, in the same position that she previously held.

The situation is a little different taking into account the insurance period. It cannot include the period of stay on parental leave from 1.5 to 3 years. Accordingly, no insurance premiums are paid for the woman during this period, which actually means that this time period is missing in terms of the formation of a future pension. This issue currently has acute social significance.

Important! Information about temporary periods of incapacity for work associated with the birth of children and caring for them is not entered into the work book.

And the maternity period is not taken into account at all when calculating the preferential length of service. There is an exception to this rule. If a woman gave birth to a child and provided appropriate care for him before October 6, 1992, then this will be taken into account when calculating preferential work time for early retirement.

In what cases does it work and in what cases does it not?

To include the maternity period in the length of service, a woman must be officially employed. The mere fact of giving birth and receiving payments for up to one and a half years is not confirmation of a woman’s employment if she is not an individual entrepreneur and is not in an employment relationship.

If a woman gives birth to a second child during one maternity leave, she needs to apply for a new leave with a full package of documents. If this rule is ignored, the period of service is interrupted.

After the birth of the third child, all types of work experience are interrupted. This is due to the fact that in case of several maternity leave, the period counted in the length of service cannot exceed 6 years, and in the insurance period - 3 years.

In addition, due to changes in the pension system, according to the new law, mothers with many children have the right to early retirement (three children three years earlier, four children 4 years earlier, respectively).

Calculation of the maternity period when applying for a pension

So that periods of maternity leave are taken into account when calculating a pension in the Pension Fund (upon reaching the appropriate age) The following documents must be submitted:

• statement;
• passport;
• employment history;
• SNILS;
• children's birth certificates.

The principal conditions affecting the size of the pension are the following periods:

• being on maternity leave on the basis of sick leave;
• caring for a child up to one and a half years old on the basis of a corresponding application and order from the employer.

These periods are calculated in the same way as if the woman continued to work.

In addition, while caring for a child up to one and a half years old, the employee is awarded pension points, which affect the validity of the right to retire and its size. So, for one year of caring for the first child, 1.8 points are assigned, for the second - 3.6, for the third and subsequent ones - 5.4 points.

The main condition for assigning pension points is the fact that the employer has transferred insurance contributions for the employee. Persons caring for a child under 1.5, but who do not have official work and are not individual entrepreneurs, cannot count on receiving points.

Attention! Interruption of service does not mean that a woman will be left without benefits. She has the right to receive all payments in full.

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