Are maternity years included in seniority? Important rules: is maternity leave included in the length of service for pensions, sick leave, annual rest? The nuances of obtaining experience on maternity leave

2019 was a record year for adjustments pension legislation, citizens received a new period for retirement, indexation of pensions, accounting or subtraction of some insurance and labor periods. In connection with such changes, many mothers are interested in the issue of maternity leave, because in some cases a woman spends a significant part of her life with her baby. How will this feature affect retirement?

AT seniority maternity leave is counted only for those women who are officially working; for those who are registered with the employment center or who are not working, such a credit is not allowed. It is important to bear in mind that this period is divided into several separate stages:

the period for raising a baby up to 1.5 years;
period for raising a child up to 3 years.

Maternity leave

Important: this period is fully included in.

When the childcare period is included in the experience:

Holiday to care for the child

This period is intended for raising a child and caring for him during the first 3 years of his life.

Important: only a period of up to 1.5 years is included in the insurance period.

That is, the length of service includes the entire period of the decree up to 3 years of the child, but for calculating a pension, only the first 18 months are included in the length of service, during which the employer pays insurance payments for the mother or other family member who took care of the baby.

For mothers of many children it should be borne in mind that in total she can receive care for all the children in the family at only 6 years old.

Is it taken into account in the calculation of social insurance payments and benefits on a day off

According to the legislation, the amount of disability benefits is limited by the length of service of the employee:

60% for citizens with experience up to 5 years;
80% if the experience exceeded 5 years, but did not reach 8 years;
no restrictions if the experience is over 8 years.

At the same time, the period intended for childbirth, as well as the period for caring for a baby, increase the length of service, and therefore affect the percentage used to deduct disability benefits.

As for social benefits, periods such as the care and birth of a baby are excluded from the total work experience.

In the issue of accrual and payment of vacation funds, such periods are fully taken into account in accordance with Art. 121 of the Labor Code of the Russian Federation.

How is the decree for payments taken into account? Photo: pexels.com

Maternity and pension payments

This issue has already been discussed above - according to the legislation, for calculating a pension, the insurance period includes the first 18 years, when insurance contributions are made for a woman and she receives benefits.

What is the period of experience

In the experience for accrual pension goes the period from the moment a woman goes on maternity leave and up to 1.5 years of the child. On average, accounting for individual periods spent on raising a child is as follows:

the period of pregnancy and childbirth is fully included, regardless of its duration and the number of children born in a woman's life;
the period for caring for a baby up to 1.5 years is taken into account in the insurance period in full, but limited to 6 years for mothers with many children;
period up to 3 years - not taken into account;
the period for caring for a child at any age is not taken into account.

How to count

Using this knowledge, it is easy to calculate the number of months included in the insurance period. In general terms, this can be described as follows - the length of service for vacation includes all periods of childcare, for which insurance contributions are made. However, for mothers with many children, this period is limited to 6 years.

It turns out that in some cases, since the beginning of 2019, the length of service has ceased to include military service and childcare:

Conclusion

A woman has the right to give birth and raise a child in her life, the legislation does not limit her in this in time. However, only 18 months will be able to pay and take into account in the insurance period.

The decree is a paid phenomenon, it is given to a working woman so that she can calmly wait for the birth of a child in the last months of pregnancy and take care of him for a certain period of time. It includes two periods. In the first part of maternity leave, she goes according to the sick leave. In the presence of insurance, it is paid to her in full, regardless of seniority. 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 is one and a half years old.

Maternity leave, agreed with the employer, is credited to 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 desired, she can start work earlier. All you have to do is fill out an application and hand it to your employer. For the first part of such leave, payment is provided for partial, and for the second - depends on the decision of the employer.

women with formal employment,
trained in the employment center,
full-time students,
conscripts, civil servants.

Seniority is any employment within a certain period of time, noted in the Labor Code Russian Federation. It provides for the receipt of pensions, salaries and other social benefits.

What periods are included in the length of service

term labor activity,
the second part of the maternity leave, during which the woman takes care of the child,
period of study at 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 conclusion with the employer employment contract. The seniority is suspended when this contract is terminated.

Is maternity leave included in seniority?

In 2007, the length of service began to include a decree with the aim of accruing in the 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 the further appointment of pension payments.

It should be noted that maternity leave is counted only for four children, that is, 1.5 years for each child.

Is maternity leave included in retirement?

The retirement age is calculated in the same way for both men and women. In this case, for women, time spent at home during pregnancy and childbirth, as well as an additional period of rest provided by the state in order to protect motherhood and childhood, is considered work.

It is necessary to distinguish between two such concepts as the period of time when a woman is unable to work due to pregnancy and childbirth and when she takes care of a child until he reaches one and a half or three years.

In the first scenario, the time spent on vacation is fully credited to the experience, and in the second - only until the child reaches one and a half years.

Separate rules are provided for teachers when assigning pension payments: for those who were on maternity leave, caring for a child until they reach one and a half years, until October 6, 1992, these periods are counted. Those who are later than the above period - no.

As for women liable for military service, this period goes to her length of service and is counted as a service, for other organizations - by agreement with the employer.

Is maternity leave included in the total length of service?

Being on maternity leave due to pregnancy and childbirth is fully included in the total insurance experience. As for the decree, in which 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 indicated in the eleventh article at number one hundred and seventy-three federal law"O labor pensions» as employment of a person in various fields. After all, maternity leave can be taken by both mother and any other relative.

According to the order of the Ministry of Health, number ninety-one, created in 2007, sick leave is paid to the insured person 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.

For unemployed mothers

Periods during which a woman was unemployed, registered, sat at home, caring for a child until she 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 fixed.

Persons who are entitled to unemployment benefits can count on crediting this period to the length of service, but cannot count on an increase in pension payments.

The procedure for obtaining work experience for pregnant women

Young women without children are often faced with the fact that potential management does not want to hire them, as they understand that they may soon go on maternity leave. And no one will work.

We offer 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 him 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 earlier, a woman has the right to work part-time, her work must be paid accordingly.
At the birth of 2 children, the leave sheet for the first one closes and another one opens. In addition, the girl does not have the right to be fired or demoted.

In order to avoid problems, you need to be information-savvy, take a responsible attitude to the design of maternity leave.

First of all, you need to take care of obtaining a disability certificate in a medical institution immediately after the birth of a child.

Particular attention should be paid to the preparation of an application that a woman who is expecting a child provides to management. In this, specialists from the personnel department will help her, the most important thing is the correctness of its preparation and the indication of deadlines.

The deadline is different for everyone. In the bulk - from 28-30 weeks, which is recorded in the disability sheet.

Another application is also submitted with a request for financial support, a sick leave certificate and a certificate from the antenatal clinic are attached to it.

It must be signed and dated. A woman has the right to receive money only if she is officially employed. After the end of her maternity leave, she can extend the leave in order to care for the child until the child is one and a half to three years old. The father or other relative, officially registered, also has the right to this.

How to calculate seniority on maternity leave

The period during which a woman is on maternity leave is counted in the length of service in accordance with the Order of the Ministry of Health and Social Development of the Russian Federation under number ninety-one of February 6, 2007. According to it, the following rules apply:

a working month is considered thirty days, a year - twelve months;
if the periods of care for two or more children coincide, the dates are considered according to the application of the employee;
information about the length of service is entered according to the work book or a document that will replace it;
in the absence of the necessary documentation, the court takes over the case, which, in accordance with the testimony of witnesses and other evidence, makes a decision;
in the absence of a start date, the first of July of the year is taken, and in the absence of a date, the middle of the month is taken.

When the child is born, the mother on maternity leave should present the employer with the birth certificate of the child 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 allowance is determined by the state.

Required documents for maternity leave

Paperwork and receipt of the decree in stages:

We collect the necessary package of documents.
We are writing a statement.
We coordinate the number of days provided for rest with the employer.

The documents:

application to the employer
medical report of the doctor of the antenatal clinic with the dates of registration and treatment,
sick leave, indicating the date, month, year of birth,
documents that indicate the amount of wages if the maternity worker worked in more than one organization.

The last step is to apply for a decree for a fixed period.

The insurance period is the total duration of the periods of work and other activities of the employee for which paid insurance premiums in the FIU, as well as some other periods. Based on the length of service, the right of a person to insurance pension and its size (clause 2, article 3 of the Law of December 28, 2013 N 400-FZ).

But the concept of "maternity leave" is not currently in the legislation. But in a general sense, it is usually understood as a period of maternity leave (M&R) and sometimes also parental leave.

Vacation in BiR and insurance experience

Each future mom has the right to maternity leave, which is granted on the basis of a certificate of incapacity for work issued to her. Vacation is the maximum (Article 255 of the Labor Code of the Russian Federation):

70 calendar days before childbirth (84 calendar days - with multiple pregnancy);
70 calendar days after childbirth (86 calendar days in case of complicated pregnancy, 110 calendar days in case of birth of 2 or more children).

Pregnancy and childbirth are an insured event under compulsory social insurance in case of temporary disability and in connection with motherhood. Accordingly, the woman is paid (clause 2, part 2, article 1.3, clause 2, part 1, article 1.4 of the Law of December 29, 2006 N 255-FZ). And such periods of receiving benefits are counted in the length of service for the purposes of pensions (clause 2, part 1, article 12 of the Law of December 28, 2013 N 400-FZ).

Thus, maternity leave is fully included in the length of service of the employee.

Child care leave and insurance experience

Leave to care for a child until he reaches the age of 1.5 years is also counted in the insurance experience. If the parent took the leave several times (to care for several children), then in total his length of service can include a maximum of 6 years of such leave (clause 3, part 1, article 12 of the Law of December 28, 2013 N 400-FZ). Until 2015, in total, only 4.5 years of such vacations could be counted in the experience.

At the same time, parental leave may be granted to a parent until the child reaches the age of 3 years (Article 256 of the Labor Code of the Russian Federation). But for the period when the child is already more than 1.5 years old and less than 3 years old, the allowance for caring for him is not paid (

To the question of whether maternity leave is included in the length of service, the answer is simple: yes, parental leave, i.e. maternity leave is taken into account when calculating both labor and insurance experience. We will talk about some features of accounting for maternity leave in the article.

How maternity leave is included in the length of service

Such leave is counted in the general and continuous work experience, work experience in the specialty. Those. maternity leave is included in the length of service.

Recall that there are two types of experience - labor and insurance. Seniority is taken into account when applying for certain types of pensions, including seniority pensions and early retirement. One of the conditions for the appointment of these pensions is the presence of the required length of service, i.e. work experience in a certain industry, in a certain profession.

One more moment. If the periods of work of a woman and her maternity leave fell on the time before 2002, then for calculating and calculating the pension, her total work experience for the period before 2002 is used as the base value for calculating her current pension.

So, maternity leave, as well as parental leave, the so-called maternity leave, is counted (included) in the length of service.

How maternity leave is taken into account in the insurance experience

For those women for whom the old-age pension was established before January 1, 2014, the amount of the pension was recalculated from the specified date in connection with the inclusion in the insurance period of the period of caring for a child until he reaches the age of one and a half years, but not more than four and a half years in total. Recalculation done pension fund RF in a non-declarative manner, that is, without demanding an application for recalculation of the amount of the pension. Thus, in fact, maternity leave is taken into account in today's insurance experience.

From January 01, 2015, there are rules according to which the time of care of one of the parents for each child until he reaches the age of one and a half years can be included in the insurance record. But the total insurance experience cannot exceed six years.

IMPORTANT! Until 2014, only three years were taken into account for assigning a pension, regardless of how many children a parent raised. From January 1, 2014, the period of care of one of the parents for a child up to one and a half years, but not more than four and a half years in total, was included in the length of service. From January 1, 2015, periods of caring for a child up to one and a half years, but not more than six years in total, are included in the insurance period. These periods are called non-insurance. But these periods are counted in the insurance experience. Moreover, the following pension points are awarded for them:

1.8 points - one year of leave to care for the first child;
3.6 points - one year of leave to care for the second child;
5.4 points - one year of leave to care for the third and fourth child.

If a parent works during the period of parental leave, he can choose which points to use when calculating his pension: for work or for the non-insurance period associated with child care.

It should be specially noted that non-insurance periods are counted in the insurance period only for one of the parents - mother or father, even if parental leave was granted to grandparents, other relatives or guardians. At the same time, in the case of care for children by both parents, only periods of care that do not coincide in time are counted in the insurance record of each parent.

If the duration of the "non-insurance" period was less than 12 months (for example, 285 days), then the number of pension points is adjusted taking into account a coefficient equal to 285/360. In the event of a coincidence of insurance and "non-insurance" periods, a citizen can choose a more favorable period for him.

Is maternity leave included in seniority? This question is asked by every working woman who is preparing for childbirth or is already raising children.

Should she make the most of the vacation time that is legally available to her?

Or for accumulation decent pension Should she go to work as soon as possible? Let's take a look in this article.

Length of service includes:

period of professional activity;
the period of stay on maternity leave;
and in some cases may include the time of study at the university or the period of service in the Armed Forces of the Russian Federation.

According to the basic rule, seniority includes the time of existence labor relations between employee and employer. In practice, this means that the work experience begins from the time the order for employment is issued and signed.

In turn, it is suspended from the moment of termination of this document.

However, the norms of the law establish that an uninterrupted period of work may allow short periods when a person was not employed.

Decree - paid leave, legally granted to a woman for the successful course of pregnancy, as well as further childbirth.

Regardless of your status, whether you want to adopt a child or are going to give birth yourself, the state, through employers, guarantees the right to maternity leave.

After the employee is registered at the antenatal clinic at the 30th week of pregnancy, she will be issued a temporary disability sheet. It should indicate the possible time of release of a woman from work during pregnancy.

Since a woman must have health insurance, the sick leave will be fully paid (in the amount of 100%), regardless of her length of service.

An employee can use the right to maternity leave at her own discretion, that is, she can apply for maternity leave at any time convenient for her, but not earlier than the day set for the start of her release from work.

A pregnant woman should receive wages in the prescribed manner, while not being entitled to a lump-sum benefit.

The length of maternity leave can also vary. Article 255 of the Labor Code of the Russian Federation established that the total duration of maternity leave is:

Does maternity leave count towards seniority in 2020? From what year is maternity leave included in the pension experience?

Since the beginning of 2007, the length of service that is used when calculating the pension includes the decree, but not all of it:

maternity leave is fully included;
parental leave - is included only up to 1.5 years, while the remaining one and a half years are not used when calculating a pension.

In this case, there are additional restrictions: maternity leave in total should not exceed six years, that is, it will only be enough for 4 children (if there is a year and a half of decree for each child).

For subsequent children, maternity leave will not be fully included in the length of service.

Video: It's important to know about parental leave

In order for a woman’s maternity leave to be taken into account during the calculation of a pension, she should first correctly draw up all the documents, collect all the necessary papers.

This type of leave is provided after the transfer to the personnel department of the sick leave.

During clarification this issue should take into account some features of the calculus retirement age certain categories of workers.

Consider the following nuances:

Is maternity leave included in the northern experience? The northern experience does not take into account leave to care for a baby (one and a half or three years), however, prenatal and postnatal leave is taken into account for assigning a pension to women.

Throughout the maternity leave, the employee retains her position, so she has the right to go to work at any time.

Being on maternity leave should not cause the termination of relations between the employee and the employer. Moreover, during this period it is forbidden to dismiss an employee.

Results

A woman can legally be on leave until the baby is three full years old.

the first one and a half years of leave are paid by the employer in accordance with the law;
the next one and a half years are not payable, so this period is not taken into account when calculating the duration of work for retirement.

It is worth recognizing that not all employers provide their employees with a complete social package.

That is why a woman must independently study in detail all issues related to taking maternity leave, receiving vacation pay and all other payments that, according to Russian law, she is entitled to.