Important rules: is maternity leave included in the pension, sick leave, and annual vacation?

Many people start thinking about the size of their future pension from the first day of work, and this is quite understandable: we hear everywhere about how important it is to save for your old age. Naturally, every woman who is going to give birth to a child is concerned about the question of whether maternity leave will be included in the maternity leave period. This point is no less important for women planning to retire.

From our material you will find out whether periods of waiting for a baby and caring for him are included in the length of service, but we would like to remind you: if you are faced with a violation of your rights, immediately contact a lawyer. A qualified specialist will protect your interests and help with the preparation of the necessary documentation.

Concepts of maternity leave and length of service

In the scientific literature you can find the general concept of vacation. This includes time while the employee is not working caring for children. There are several reasons for using rest:

• birth of a baby into a family
• the need for further care

Enterprise management and employees view maternity leave as paid days of rest. This right is guaranteed by law. The leave can be used by the father, mother or other relative who cares for the baby after birth. Initially, the woman goes on sick leave. The duration is set to 140 days. In some situations, the vacation is extended.

The grounds for extension are:

• woman bears several children
• complications when a baby is born

A woman carrying a child can take advantage of this right. Payment is accrued throughout the sick leave period. The main condition is the official registration of labor relations.

Law No. 173 provides that sick leave must be included in the total length of service. During this time, the management of the enterprise transfers funds for the employee to the pension authorities. At the end of sick leave, you need to decide whether to go on maternity leave or not.

The maternity period can last until the child is one and a half or three years old. The legislator indicates that the time while benefits are transferred to the employee is included in the length of service. This continues until the baby reaches one and a half years of age.

See what length of service includes for calculating a pension:

Does maternity leave count?

The order of the Ministry of Health reflects the sequence of actions that must be performed to calculate the periods included in the length of service. The act states that a month contains thirty days, a year - twelve months. If the period when the employee cared for the baby coincides, the days are counted taking into account what is reflected in the application of the expectant mother. Sometimes the documentation does not reflect the dates when the woman was employed and began to use the right to leave - the calculation begins in July. If the date is not specified, the middle of the month is taken as the basis.

To apply for maternity leave for the expectant mother, you will need to present to the management of the organization a paper issued by the housing complex, where the woman is registered. A certificate is used to prove the presence of pregnancy.

The nuances of getting work experience while on maternity leave

Today, not all employers are interested in strictly observing the rights of a pregnant woman, so you need to know some of the features of calculating length of service during maternity leave.

• Leave granted during pregnancy must be granted in full, regardless of how many days were taken earlier in the year.
• The amount of payment for maternity leave is determined by the woman’s average salary.
• It is possible to pay wages and maternity benefits at the same time only if the employee agrees to perform her professional duties in the office or at home for several hours a day.
• When a second child is born during maternity leave, it is necessary to close one leave and open another.

It is necessary to ensure that everything is properly documented. Otherwise, problems may arise during the accrual of experience.

Conditions for inclusion

It is necessary to follow the procedure reflected in the law so that the woman retains the right to receive payments. Since the beginning of 2007, new rules have been introduced; they provide for the need to take into account the established restrictions. This concerns the limitation of the deadline for calculating length of service. A maximum of six years of experience is accrued for the period under review.

During this time, a woman can give birth to four children. Accordingly, when each child reaches one and a half years of age, further time spent on vacation is not included in the length of service.

Legal acts do not limit the number of decrees. A woman uses this right at her own discretion. It is necessary to take into account the nuances that arise when a mother leaves from one maternity leave to another. The time while a woman cares for a baby is, to a certain extent, included in the length of service.

Accounting for insurance experience

Labor law standards indicate that the time while an employee cares for children should be included in the length of service.

If the expectant mother is carrying one baby, then the period starting from the thirtieth week of pregnancy is included. When a woman is carrying several children, this time begins at 28 weeks. This period ends after the babies reach one and a half years of age.

Some enterprises accrue maternity benefits until the child’s age exceeds three years. In this situation, the management of the company transfers funds to the Pension Fund. This period must be included in the insurance period. For parents who are government employees, it is stipulated that the length of service must include the time until the child turns 1.5 years old.

During the specified time, the employee is deprived of the ability to work because he is caring for children. From payments due to citizens, funds are transferred to the Social Insurance Fund. The organization where the parent works makes contributions to the fund. As a result, pension benefits accumulate. This applies to the insurance and social parts of the pension. The insurance component subsequently affects the pensioner’s allowance.

Is it taken into account when calculating pensions?

The pension is calculated taking into account the period while the employee was on maternity leave and contributed funds to the insurance portion. If the maternity leave was used before 2002, the information must be recorded depending on what is written in the work book. Since this period, an individual accounting system has been introduced. You can confirm your work activity using other documentation.

Similar rules apply to persons who hold a position that makes it possible to receive pension payments earlier than the general rule. Special conditions apply in this situation.

These specialties include those who work in conditions equivalent to those in the north. In addition, a person can work in an area where there is an increased level of radiation. He has the right to claim preferential pensions.

If a woman does not return to work when the baby turns 1.5 years old, further time is considered as leave without pay. She is due a payment from the Social Insurance Fund. It amounts to 60 rubles. Payment is made every month. At this time, contributions to the Social Insurance Fund are not paid. Therefore, when calculating pension benefits, the period of maternity leave from one and a half years to the child’s third birthday is not taken into account. The main requirement for including maternity leave in the length of service is the contribution of funds to the insurance fund.

Maternity leave: is it included in the length of service?

By law, maternity leave is divided into two periods:

• For pregnancy and childbirth, which can only be claimed by the mother. It lasts 140 days or more, depending on the number of children born and the progress of pregnancy. The maximum period is 194 days.
• For child care. It is given for up to 1.5 years, but can be extended up to 3 years based on an application. Mothers, fathers, guardians and other persons who are the legal representatives of the child have the right to it.

The law provides for a specialist to go to work during maternity leave or provide a remote workplace, if required.

But it is necessary to obtain consent from the employee to perform professional activities during the specified period. However, it does not always have to be in writing, since this requirement is not specified in the law.

According to Art. 11 FZ-173, the time of pregnancy and the period of 1.5 years after it can be included in the length of service if the employee does not independently express a desire to quit, works officially, and the employer continues to make tax deductions.

Not all employees have parental leave included in their length of service. By law, it cannot be counted against persons who have the right to retire early for their length of service. This provision has been in effect since October 6, 1992. If a woman went on maternity leave before this period, then the entire period she was on leave is taken into account in her length of service.

It is worth understanding that the employer pays tax on the amount of payments that are provided to the mother of the child until he reaches 1.5 years. If she wishes to extend her maternity leave, payments stop. As a result, the remaining one and a half years of experience cannot be counted.

Accrual of points

Since the beginning of 2020, an important factor that affects the amount of benefits is accumulated points. In accordance with the law, these points are called the individual pension coefficient. These points are kept in the pension authorities and in the personal account of the retired person.

From 2020, 1 IPC is equal to 81.49 rubles.

However, it is worth remembering that for each subsequent child the number of points increases. We will consider the calculation of points in more detail in Table 1.

Video about calculating the size of a future pension:

Is maternity leave included in the length of service during the pension calculation period?

During maternity leave, length of service is calculated in accordance with Order of the Ministry of Health and Social Development of the Russian Federation No. 91 of 02/06/2007:

• When different holidays are superimposed on each other, it is necessary to make calculations based on the date of applications for their provision.
• The work book must contain a record of being on maternity leave, which is made on the basis of a pregnancy certificate and an extract from the maternity hospital.
• If there is no record of being on maternity leave, such length of service can be recognized in court. It will be necessary to provide at least 2 witnesses who can confirm the time spent on maternity leave.
• If the application does not contain a date, then 01.07 is accepted by default. the year of maternity leave, and if there is no date, then the 15th day of the month is taken into account.

The law provides for the inclusion of maternity leave in the insurance period. This means maintaining the opportunity to retire when reaching the age threshold. The insurance period is the length of service during which the employer made payments to the state budget for the employee.

However, during the calculation of pension payments by Pension Fund specialists, it cannot be considered if the woman gave birth after October 6, 1992. The birth of a child before this period allows the conditional period to be included in the length of service, too, since the law cannot have retroactive effect.

Despite the fact that the Pension Fund does not count length of service, points are awarded. Let us remind you that today the right to a pension is available to those citizens of the Russian Federation who manage to accumulate a certain number of points throughout their lives. The cost of one point changes every year in accordance with the inflation rate in the country. For the first child, 1.8 points are credited for the entire period of maternity leave. For the second child, 3.6 points are given, and for each subsequent child - 5.4 points.

If a woman has 5 or more children, then she has the right to retire at age 50. The total period of leave after the birth of a child and as a result of pregnancy cannot exceed 6 years to take into account the length of service.

Carrying out recalculation

Initially, you will need to find out what maternity leave and length of service are. If you have this knowledge, you can talk about the gap included in the length of service. The time while the employee was carrying and giving birth to a baby and receiving sick leave benefits is taken into account when calculating the insurance period. In addition, this period is subject to inclusion in the total length of service and benefit length.

To receive additional payments for children, a woman must have two or more children. To receive allowances, a recalculation must be carried out. A woman should have a small salary or working period.

These factors are taken into account individually or in combination. If pension payments are calculated based on benefits, recalculation will not be possible.

In some situations, a person loses the right to use preferential seniority. This happens if a person receiving early benefits replaces the working period with the time during which he cared for the baby. This rule applies to persons who are not of retirement age. As a result, this measure will lead to the loss of the right to assign early payments.

With several decrees in a row

Often a second baby appears in a family before the mother has completed her first maternity leave. The woman will need to draw up an application and close her leave, opening a new one. If these actions are not completed, then you should prepare for the consequences:

• Some benefits cannot be issued
• experience is not accrued

Existing features must be taken into account. These include the fact that the total duration of one vacation cannot exceed a three-year period. If a woman takes several maternity leave in a row, the insurance period does not exceed three years.

When a third child appears in the family, the length of service is not accrued. This does not mean that you will not be able to receive benefits.

To process payments, you need to write an application and send it to the management of the enterprise where the mother is employed. In addition, you can apply for payments to pension or social authorities. Depending on the type of payment, the requirements for the required package of documents change.

Maternity leave is included in the length of service, which is reflected in the law. Many organizations respect the rights of their employees. Women are provided with incomplete social services. package. Therefore, it is necessary to carefully study the issues of going on maternity leave and calculating the deadlines for a pension. If the mother is on maternity leave until the child reaches the age of three, not the entire period is included in the length of service.

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What is work experience?

Work experience is labor or other socially useful activity that lasts for a certain period of time, which is established in accordance with the Labor Code of the Russian Federation. Work experience is the basis for receiving a pension, vacation pay or temporary disability benefits, and in some cases even receiving wages.

What periods are included in the length of service:

• Period of professional activity:
• The period when a woman is on maternity leave;
• There are cases that the length of service includes the period of study at a university, as well as during the period of service in the armed forces of the Russian Federation.

According to the Labor Code of the Russian Federation, length of service includes the period of time when an employment relationship exists between the employer and employee. The beginning of the work experience begins from the moment the employment order is signed.

Suspension of seniority is considered when the employment contract between the employee and the employer is terminated.

But the legislation provides for a certain period of time when the length of service is considered continuous if the citizen has not yet entered into an employment relationship.

Work experience includes a number of varieties: