Is maternity leave included in the length of service? How to calculate vacation time - step-by-step instructions and calculation examples Is maternity leave included in the length of service?
The birth of children is an important event in a woman’s life. The state, for its part, provides support. For a certain period of time before and after childbirth, maternity leave is issued, as well as leave to care for a newborn. A woman has the right not to go to work for up to three years.
What is maternity leave
– this is a temporary break from work provided for the birth of a child and caring for him. It is issued on the basis of a sick leave certificate. The start date is usually the thirtieth week of pregnancy. The total duration of maternity leave is 140 days. Usually 70 days are taken before the onset of labor and 70 after. If two or more children are born, another forty days are added. For difficult births, sixteen days are added.
When adopting a child, you are entitled to leave for seventy days. Based on the order of the Ministry of Health and Social Services. Development No. 255 of December 29, 2006, social benefits are paid during maternity leave.
Its size is calculated according to the indications:
- average earnings;
- the entire period worked;
- duration of vacation.
The employee’s job must be retained throughout the entire period. An employer has no right to fire a woman.
Is maternity leave included in the calculation of length of service for a pension?
Based on Art. 255 and 256 of the Labor Code of the Russian Federation, the length of service during maternity leave is calculated. It is this document that guarantees a woman’s job security.
Currently, the period of maternity leave is counted towards the total length of service. Some women do not work for a long time due to the birth of children and do not have the opportunity to earn work experience. This mainly applies to mothers with many children.
- The period of maternity leave and the period until the child reaches one and a half years is counted in the insurance period.
- Women who work for the government. service, this period of time is also taken into account.
- Experience earned in the Far North or other difficult areas includes the maternity period.
Women working in difficult conditions may retire early.
A preferential pension is issued:
- for men – at 55;
- for women aged 50.
If a man is caring for the baby, it is also possible to apply for care leave for him, which will be included in the calculation of the pension.
Non-working mothers also receive maternity benefits. Such payments are made by the social center. protection from birth until the child is one and a half years old.
If a woman has many children, no more than 6 years of total childcare time is included in the length of service. Each child is entitled to one and a half years. Maternity leave time for other children will not be included in the calculation.
Maternity leave and teaching experience
Teaching experience is the time spent working in certain positions that are related to educational and educational activities.
It includes:
- military service under contract or conscription;
- officer position;
- leadership work in trade union organizations;
- educational activities.
For women who are on maternity leave more than once, the length of service will include no more than three years.
The category of teachers includes employees of the Armed Forces of the Russian Federation who are engaged in:
- industrial training;
- physical education;
- teaching general education subjects;
- teaching music and various creative disciplines.
Maternity leave taken before October 6, 1992 is also included in the calculation of the preferential pension.
Registration of a pension on maternity leave
The decree is included in the calculation:
- preferential special;
- insurance;
- total work experience.
All time spent on maternity leave for up to one and a half years is taken into account in calculations as general and insurance experience.
Vacation up to three and four and a half years, after 2015, is counted only in the total length of the old-age pension. Does not apply to the calculation of preferential pensions.
Step-by-step instruction
Documents required:
- Application for a pension.
- Passport.
- Employment history.
- Insurance certificate.
- Birth certificates of children.
- A copy of the agreement with the bank for transferring pensions.
The time a woman takes care of her newborn is quite a long period. It can legally last up to 1.5 or until the baby’s third birthday. It all depends on the wishes of the employee herself. Some go to work before the child turns 1.5, while others go from one maternity leave to another.
Many people are concerned about the question of whether this period is included in the total length of service, which determines whether a woman will receive an old-age pension. After all, some women give birth to two children almost in a row and for them the period of being at home with the newborn is prolonged. At the same time, new changes appear in pension legislation every day.
What is insurance and work experience?
The concepts of labor and insurance experience are used with different meanings in different branches of legislation. To calculate vacation pay, you need work experience, to calculate social children's benefits and sick pay - insurance experience, to calculate a pension - also insurance experience, but already a pension one.
At the same time, the total length of service in pension legislation is the total number of years of work and other socially useful activities that were carried out before January 1, 2001.
Nowadays the term used is insurance experience. It includes not only the time of work when the employee worked in a particular place, but also other periods, including some
If you have an insurance record, a person has the right to apply for an old-age or long-service pension. At the same time, how large the pension will be depends on the length of service. The more contributions were paid, the longer the insurance period, the greater the pension will be.
We talked in more detail about whether vacation time is included in the length of service and insurance coverage in.
Does this include time spent on maternity leave from 1.5 to 3 years?
Parental leave is a period of rest that is granted to the mother, so she could be close to the newborn. At this time, the woman is under special protection of the state; she cannot perform her work for valid reasons and enjoys social support measures.
Therefore, as a general rule, parental leave is included in various types of length of service - labor and insurance. However, there are some peculiarities: leave related to caring for a child under 3 years of age is not always taken into account.
What period is counted towards the length of service?
In Russia, parental leave is divided into 2 segments:
- care up to 1.5;
- vacation from 1.5 to 3 years.
To calculate the pension, only the first period of vacation is taken into account, to calculate sick leave and child benefits - both, and to calculate vacation pay, neither of these periods is taken.
In order for the time spent on parental leave for up to 1.5 years to be included in the pension period, you must either work before or immediately after taking care of the child and go back to work.
So, the answer to the question of how many years of parental leave is included in the length of service will be as follows: the total length of service includes this entire time period, including after.
Which one will it be included in?
Parental leave from 1.5 to 3 years is included in the total length of service, During this time, the employee - woman or man - retains his job. Time spent on vacation is included in the insurance period for calculating sick leave and child benefits. However, the second part of parental leave, when benefits are no longer paid, is not included in the pension period.
Let's take a closer look at what type of experience includes parental leave from 1.5 to 3 years.
Will it be included in the worker?
According to Art. 256 of the Labor Code of the Russian Federation, parental leave is a social guarantee provided by the employer. Mandatory leave is granted until the child reaches 3 years of age if the woman applies for it. You can go on vacation only until the child’s one and a half birthday or extend this time to three years.
The period when the child is 1.5 years old, but not yet 3 years old, is not paid by the employer. Therefore, it refers to types of leave without pay.
According to the law, caring for a child until his third birthday is included in the continuous, general labor account of years worked. The period under consideration is also included in the calculation of work in the specialty. This is the period when the employee performed work that was necessary to obtain a certain qualification.
The only exception, when care time up to three years is not included in the length of service, concerns early retirement.
Time spent caring for a child is not counted towards vacation time. This means that no standard leave will be provided for this period.
Does it go to the insurance company to calculate the pension?
The insurance pension, which is used to calculate the pension, does not take into account the period of parental leave from 1.5 years to 3 years. The only payments that workers receive at this time are compensation payments from the employer in the amount of 50 rubles.
They do not pay insurance premiums. This is why most mothers try to go to work after their child is 1.5 years old. In some cases, employees are trying to return to their workplace earlier.
The insurance period for retirement includes periods of child care of up to 1.5 years, in total up to 6 years, that is, a total of four children.
The calculation of pensions according to the latest reform depends on the number of pension points. For vacation with children under 1.5 years old in Part 12 of Art. 15 Federal Law “On Insurance Pensions” the following points are given:
- for the first child – 1.8;
- for the second – 3.6;
- for the third and fourth – 5.4 points.
At the same time, the period of caring for a disabled child is included in the pension insurance period. This refers to the time that a person did not work while caring for a child. You can formalize this and receive payments from the Pension Fund. If you do not formalize such care, you will need to submit an application to the Pension Fund. The Pension Fund publishes clarifications on this matter.
In any case, this guarantee does not apply to officially employed persons on parental leave under 3 years of age.
For some professions there is preferential length of service, the presence of which gives the right to an earlier retirement. In Soviet times, the period of child care up to the third birthday was included in the length of service for early retirement.
However, on October 6, 1992, Law No. 3543-1 “On Amendments and Additions to the Labor Code of the Russian Federation” was issued (currently no longer in force), which excluded child care time from the preferential calculation.
Thus, in the preferential period for early registration of a pension, parental leave from 1.5 to 3 years will be considered only if the mother went on maternity leave before October 5, 1992 inclusive.
Is it taken into account by insurance for sick pay?
To calculate payments when paying for a certificate of incapacity for work or calculating maternity benefits, you need to know the duration of the insurance period. The percentage that will be paid to the employee or the amount of maternity benefits depends on this.
In Art. 16 of the Law of December 29, 2006 N 255-FZ specifies that in The period of time taken into account when calculating sick leave must also include parental leave. In this case, both a period of up to 1.5 years and up to 3 years are taken into account.
From what year is maternity leave not included?
Until January 1, 2002 Art. 167 of the Labor Code prescribed that the time period while the mother was with the child should be included in the length of service on which the future pension depended. Since 2002, in connection with the pension reform, pensions began to be calculated according to other parameters.
The Federal Law “On Labor Pensions in the Russian Federation” was adopted, and For the calculation of pensions, the period when insurance contributions are received from the employer for a person has become important. Other periods included in the insurance period were prescribed separately in the law. The period of a person being on parental leave from 1.5 to 3 years was not included in this list.
The birth of a child and its subsequent care is an important stage in a woman’s life. During this period, she is completely occupied with her child and is forced to interrupt her work activity. Therefore, many mothers are interested in how it will affect their future pension.
Up to 1.5 years of vacation is paid and this period is counted, including in the insurance period. The time period when a woman sits with a child from 1.5 to 3 is included only in the accounting of general work experience, experience in the specialty and is taken into account when paying sick leave and calculating child benefits.
Before going back to work after 1.5 years, we recommend consulting with an accountant: he will tell you how much money you will lose with such a decision now and in the future. And on this basis, you can already decide how best to organize the rest of the maternity leave.
Almost every woman goes on maternity leave at least once in her life. Therefore, the question arises whether maternity leave (M&P) affects length of service.
In the current material, we will figure out what the maternity period can influence, and whether it is worth using all maternity days to the maximum.
The concept of maternity leave and duration
The decree contains two types of leave: and.
Duration of maternity leave is:
- standard – 140 days;
- complex childbirth – 156 days;
- multiple pregnancy – 194 days.
Since the doctor does not always know what the birth will be like, initially a certificate of incapacity for work is issued for 140 days, then the document is extended.
The expectant mother goes on maternity leave based on the sick leave certificate provided to the employer. You can get it at the thirtieth week of pregnancy at the antenatal clinic with a doctor who registers the woman.
For all days of her maternity period, she is entitled to a hundred percent benefit based on average earnings for the past 2 years. Overall length of service does not matter here. This rule is established by Federal Law No. 255 on social insurance.
Parental leave begins after the completion of the certificate of incapacity for work according to the BiR. It is provided based on the employee’s application.
Important! Only the mother of the baby can take maternity leave. As for caring for the baby, he can be taken by: the mother, father or another relative caring for him.
Is the maternity period taken into account when calculating annual leave?
Let's see what this would look like using an example:
Let's say a woman has five children. With each of them, she first went on maternity leave, and then on maternity leave.
For each of the children, 140 days of sick leave are fully counted towards her length of service. She will only be credited with 4.5 years of maternity leave (maximum by law).
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Preferential pedagogical and medical
Maternity leave on a certificate of incapacity for work for expectant mothers included in preferential length of service for a number of professions, including teaching and medical training.
And here Parental leave cannot be included in it.
That is, to receive benefits for an employee, the period of time spent on sick leave according to the BiR will be taken into account, but the time spent on maternity leave to care for a baby will not be taken into account.
For sick leave
To calculate the certificate of incapacity for work, they take the person’s earnings for the two years preceding the year of illness. There are periods excluded from calculations. These include time of incapacity for work, including maternity leave.
That's why the period of pregnancy and childbirth will not be included in the calculation according to the certificate of incapacity for work after it, the accountant will also exclude the amount of accrued benefits for it.
If we talk about the total length of service for calculating disability benefits (five years - 60%, from five to eight years - 80%, over eight years - 100%), then maternity leave is included in it.
Let's figure out how this happens using a specific example:
Suppose a woman goes on sick leave on October 25, 2018. To calculate benefits, the accountant will take into account 2016 and 2017.
In 2016, the employee was on maternity leave due to BiR. She started working in January 2017.
When calculating benefits, the accountant will remove from the calculation the time spent on maternity leave for pregnancy and childbirth, as well as child care. That is, he will take the periods of actual work of the employee.
At the same time, do not forget that the percentage of sick leave depends on the total length of service of the employee. Let’s say, taking into account the decree on the BiR, it was 5 years. Accordingly, the benefit will be accrued in the amount of 80% of the average earnings for the two previous years.
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conclusions
Let us draw several conclusions on the presented topic:
- Maternity leave is provided on the basis of a sheet issued by a doctor at the antenatal clinic for a period of thirty weeks.
- You can receive a B&R benefit from your employer and, in exceptional cases, directly from the Social Insurance Fund (if the company has been liquidated).
- Duration can be: 140, 156 or 194 days.
- This part of the maternity leave is included in the length of service for paying for vacation, calculating pensions and sick leave. It is also included in the preferential length of service for a number of professions.
- The maternity leave for the BiR will be excluded from the calculation period for the certificate of incapacity for work, as well as the benefit for it.
Maternity leave is a paid phenomenon; it is given to a working woman so that she can calmly wait for the birth of the child in the last months of pregnancy and care for him for a certain period of time. It includes two periods. During the first part of maternity leave, she goes according to the sick leave. If she has insurance, it is paid to her in full, regardless of her length of service. After the birth of the child, the second period begins: the young mother has the right to continue to stay at home from the moment the baby turns one and a half years old.
Maternity leave, agreed upon with the employer, is included in the length of service and is included in the length of service.
By right, a woman can be on maternity leave for three years. However, if she wishes, she can start work earlier. To do this, just write a statement and hand it to your employer. For the first part of such leave, partial payment is provided, and for the second it depends on the employer’s decision.
- women with official employment,
- undergoing training at the employment center,
- full-time students,
- persons liable for military service, working in a civilian position.
Work experience is any employment within a certain period of time, noted in the Labor Code of the Russian Federation. It provides for receiving a pension, salary and other social benefits.
What periods are included in the length of service?
- duration of employment,
- the second part of maternity leave, during which the woman cares for the child,
- period of study at a higher educational institution or service in the Armed Forces.
In accordance with the Labor Code, the length of service includes the number of working days from the date of concluding an employment contract with the employer. Seniority is suspended when this contract is terminated.
Is maternity leave included in seniority?
In 2007, maternity leave began to be included in the length of service for the purpose of accruing future pension payments, however, not entirely:
- it includes the period of maternity leave during pregnancy and childbirth,
- the period until the child reaches one and a half years, and the remaining one and a half years are not considered for further assignment of pension payments.
It is worth noting that maternity leave is counted only for four children, that is, 1.5 years for each child.
Is maternity leave included in the pension period?
Pension experience is calculated in the same way for both men and women. In this case, for women, work is considered to be the time spent at home during pregnancy and childbirth, as well as the additional period of rest provided by the state in order to protect motherhood and childhood.
It is necessary to distinguish between two concepts: the period of time when a woman is unable to work due to pregnancy and childbirth and when she cares for a child until he reaches one and a half or three years of age.
In the first scenario, the time spent on vacation is fully included in the length of service, and in the second - only until the child reaches one and a half years of age.
For teachers, when assigning pension payments, separate rules are provided: for those who were on maternity leave, caring for a child until he was one and a half years old, until October 6, 1992, these periods are counted. For those who are later than the above deadline - no.
As for women liable for military service, this period goes towards her length of service and is counted as service; for other organizations - by agreement with the employer.
Is maternity leave included in the general insurance period?
Being on maternity leave due to pregnancy and childbirth is fully included in the total insurance period. As for maternity leave, while a woman is caring for a baby, only the period of time until the child reaches one and a half years is included.
The insurance period of labor activity is designated in the eleventh article under number one hundred seventy-three of the Federal Law “On Labor Pensions” as a person’s employment in various fields. After all, both the mother and any other relative can take maternity leave.
According to the order of the Ministry of Health number ninety-one, created in 2007, the insured person is paid sick leave for the entire period when he was not insured.
From January 1, 2019, maternity leave was extended, now its duration is four and a half years, but payment will be made only for one and a half years.
For unemployed mothers
Periods during which a woman was unemployed, registered, sat at home, caring for a child until he was one and a half years old, or looked after a disabled person of the first group or a pensioner aged 80+ are taken into account when assigning pension payments. It does not matter when they were recorded.
Persons who are entitled to unemployment benefits can count on crediting this period to their work experience, but cannot count on an increase in pension payments.
The procedure for obtaining work experience for pregnant women
Young women without children often face the fact that potential management does not want to hire them, because they understand that they may soon go on maternity leave. And there will be no one to work.
We invite you to tell you about things that many employers are silent about:
- The employer does not have the right to reduce the period of maternity leave due to pregnancy, and he, in turn, forces the employee to leave the leave earlier. And this gives the employee the right to demand payment of benefits.
- The amount to be paid is calculated according to the average salary.
- Having left early, a woman has the right to work less than full time, and her work must be paid accordingly.
- When 2 children are born, the leave sheet for the first one is closed and another is opened. In addition, a girl does not have the right to be fired or demoted.
To avoid problems, you need to be information savvy and take a responsible approach to applying for maternity leave.
First of all, you need to take care of obtaining a certificate of incapacity for work at a medical institution immediately after the birth of the child.
Particular attention should be paid to drawing up an application that a woman expecting a child submits to management. HR department specialists will help her with this; the most important thing is the correctness of its preparation and indication of deadlines.
The deadline is different for everyone. For the most part - from 28-30 weeks, which is recorded in the certificate of incapacity for work.
Another application is also submitted requesting financial support, accompanied by a sick leave certificate and a certificate from the antenatal clinic.
It must have a signature and date of composition. A woman has the right to receive money only if she is officially employed. After the expiration of maternity leave in connection with pregnancy and childbirth, she can extend the leave in order to care for the child until he reaches one and a half to three years. The father or another officially registered relative also has the right to this.
How to calculate length of maternity leave
The period during which a woman is on maternity leave is counted as length of service according to Order of the Ministry of Health and Social Development of the Russian Federation number ninety-one dated February 6, 2007. In accordance with it, the following norms are valid:
- a working month is considered to be thirty days, a year is considered to be twelve months;
- if the periods of time caring for two or more children coincide, the dates are considered according to the employee’s application;
- information about work experience is entered in accordance with the work book or a document that replaces it;
- in the absence of the necessary documentation, the court takes over the case and, in accordance with the testimony of witnesses and other evidence, makes a decision;
- if there is no start date for work, the first of July of the year is taken, and if there is no date, the middle of the month.
When the child is born, the maternity leaver should present the employer with the child’s birth certificate and a document stating that the father is no longer paid money due to the fact that the baby was born.
If the mother does not have permanent employment, the amount of the benefit is determined by the state.
Required documents for maternity leave
Completing documents and obtaining maternity leave in stages:
- We collect the necessary package of documents.
- We are writing a statement.
- We agree on the number of days provided for rest with the employer.
Documentation:
- statement to the employer
- medical report from the doctor of the antenatal clinic with the dates of registration and treatment,
- sick leave, indicating the date, month, year of birth,
- documents indicating the amount of wages if the maternity worker worked in more than one organization.
The last step is an application requesting maternity leave for a certain period.
Last modified: January 2020
Taking into account the latest legislative changes on pensions and the accumulation of the required duration of work, it is necessary to start thinking about it immediately, from the moment of the first working day. However, a woman will often have to take long vacations throughout her life to give birth to a baby and provide him with proper care in the first years of life. The question of whether maternity leave is included in the length of service arises on the eve of childbirth, or when planning a pregnancy, since the future opportunity to take advantage of the right to a pension upon reaching a certain age depends on this.
Subsequent decisions depend on how the law views the period of absence from work in connection with the birth of a new family member, whether to use the right to maternity leave in full, or to look for an opportunity to go to work earlier.
Useful links to the law
Knowledge of the law is a requirement for every citizen living on the territory of the state. In particular, it will be useful for an employee planning or raising children to know what the employer is guided by and what rights employees have when a child appears in the family.
When applying for maternity leave and the procedure for calculating pension experience, you must rely on the provisions:
- Labor Code;
- Law No. 81-FZ on benefits for citizens raising minor children;
- Law No. 255-FZ on social insurance of mothers;
- Law No. 173-FZ on the calculation of pensions based on the duration of work.
New changes in legislation, taking into account the latest approved bills regarding pension reform, will clarify the question of whether maternity leave is included in the length of service for calculating a pension in the coming years.
Decree from a legislative point of view
The maternity period is included in the general concept of leave provided by the employer in the context of the upcoming birth and subsequent care of the baby. For the management of the organization and the employee himself, maternity leave represents paid days guaranteed by the legislation of the Russian Federation for future and established mothers, as well as for fathers, if a man is caring for a newborn.
Maternity leave for a hired employee begins with leaving work on an open sick leave for a period of 140 days (in some cases of complicated childbirth or the birth of twins, the period increases to 156-194 days). Throughout all days, the employee receives benefits, guaranteed sick leave, if the employment is properly formalized.
According to the provisions of Law No. 173-FZ, the period from the moment of going on prenatal leave until the end of 140 days is included in the total duration of the employee’s work, since during this entire period the employer makes the required contributions to the Pension Fund.
Further, after the specified period, the employee will have to decide whether to take advantage of the right to extend the leave by applying for it to organize care for the newborn for up to 1.5 years, or to go to work immediately.
The period from the end of the 140-day rest until the baby reaches one and a half years of age is also , since the woman (or man, if the caregiving function is assigned to him) receives a guaranteed benefit.
The law considers it as the time during which a person remained insured under compulsory pension insurance, as evidenced by regular contributions to the details of an individual account.At an older age, if the need to care for the baby has not disappeared, the mother retains her job, remaining on leave until the baby’s 3rd birthday, but contributions from the employer are no longer made. Childcare experience will not be counted, although the law allows a worker to stay at home with her baby without the risk of losing her job.
There are certain restrictions that are important to know about if an employee is planning to have another ward. The fact is that taking into account the total duration of a certain period of maternity leave is not always 1.5 years after birth. There is a maximum number of years that are included in the total duration, and it is limited to 6 years of working age.
The actual application of this norm assumes that at the birth of 4 children, the mother will count a period of 1.5 years for each case, and the birth of the fifth will exclude the right to count the time of a new additional period in the pension.
It should be distinguished that the inclusion or non-inclusion of a certain period at the time of child care does not exclude or affect the right to receive benefits and maintain a job, regardless of the number of children. This only affects the length of service taken into account.
For the category of education workers or military personnel, their own standards apply, which are taken into account when calculating the duration of work for early retirement (based on length of service), including the northern length of service.
Conditions for inclusion in the internship
Registration of maternity leave requires compliance with the procedure established by law so that the woman retains the right to paid maternity leave. Since 2007, a maternity leaver planning a new birth of a baby takes into account the introduced restriction regarding the maximum period for an experience of no more than 6 years.
The birth of each baby requires 1.5 years of maternity leave. However, an employee has the right to use maternity leave an unlimited number of times, at her own discretion. The only nuance that counts is related to the correct execution of the maternity leave after the maternity leave.Many young mothers are going on a new maternity leave without having time to go back to work. In this situation, it is important to formalize the end of the previous period by going to work, followed by the registration of a new period in connection with the birth of the second or next child.
If you remain on a previous maternity leave without making adjustments to personnel records, a woman risks losing the benefits of paid rest and accounting for pensionable experience upon completion of her first leave.
The employer, having certain obligations before the law, is obliged to provide the woman with paid days on sick leave and paid maternity leave, but the actions of management do not always take into account the interests of the employee.
In order not to face the loss of part of the length of service and payments associated with the birth of another child, a woman should independently understand the issues of processing personnel documents and the situation of whether maternity leave is included in the length of service.
Thus, days on maternity leave are included in the length of service and are subject to partial accounting - the period before childbirth and the next year and a half after birth. The remaining one and a half years before the child’s 3rd birthday is not included in the length of service for calculating the pension. When determining whether the time of birth and caring for a newborn is considered in the total duration of work, a distinction is made between the paid period and the period from one and a half to 3 years of the child. Whether maternity leave is included in the duration of work taken into account for a pension is considered depending on the type of vacation booked and the number of times the right is used.Free question to a lawyer
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