Is maternity leave included in the length of service in 2021?

What periods are included in the length of service?

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 applied.

It is outdated, but was used in the Labor Code, which lost its validity in 2001, “giving way” to the Labor Code (LC) of the Russian Federation that replaced it.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.

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.

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

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:

Labor. Refers to the number of years actually worked.

Insurance. The period during which insurance premiums were paid

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 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 the preferential working time for early retirement.

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.

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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).

In order for periods of maternity leave to be taken into account when calculating a pension to 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.

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.

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.

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.

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.

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.

We invite you to read: Vacation for the main job and part-time work: number of days and is a part-time employee entitled to leave?

From January 1, 2021, 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.

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 that it is drawn up correctly and the deadlines are indicated.

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.

Maternity leave is included in the length of service giving the right to annual paid leave

Question from Klerk.Ru reader Ekaterina (Moscow)

I have been working in the organization since May 12, 2008. I went on maternity leave on May 30, 2011. They were allowed to take annual leave only for 14 days before maternity leave, citing the calculated period of service for granting leave. Can I take an additional 14 days of annual leave after maternity leave? Is the period of maternity leave (sick leave) included in the length of service for calculating annual leave?

Annual basic paid leave is provided to employees for a duration of 28 calendar days (Article 115 of the Labor Code of the Russian Federation). Article 125 of the Labor Code of the Russian Federation provides that, by agreement between the employee and the employer, annual paid leave can be divided into parts. Moreover, at least one part of this leave must be at least 14 calendar days.

In accordance with Art. 255 of the Labor Code of the Russian Federation, women, upon their application and on the basis of a certificate of incapacity for work issued in the prescribed manner, are granted maternity leave lasting 70 (in the case of multiple pregnancies - 84) calendar days before childbirth and 70 (in the case of complicated childbirth - 86, for the birth of two or more children - 110) calendar days after childbirth with payment of state social insurance benefits in the amount established by federal laws.

According to Art. 121 of the Labor Code of the Russian Federation, the length of service that gives the right to annual basic paid leave includes, in particular: - the time when the employee did not actually work, but in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective contracts, agreements, local regulations, employment contracts preserved the place of work (position), including the time of annual paid leave, non-working holidays, weekends and other rest days provided to the employee.

The length of service that gives the right to annual basic paid leave does not include: - time the employee is absent from work without good reason, including due to his removal from work in cases provided for in Art. 76 Tax Code of the Russian Federation; – time of parental leave until the child reaches the legal age.

From the above rules it follows that the length of service that gives the right to annual basic paid leave includes the period when the employee is on maternity leave.

In accordance with Art. 260 of the Labor Code of the Russian Federation, before maternity leave or immediately after it, a woman, at her request, is granted annual paid leave, regardless of her length of service with a given employer.

It follows from this rule that the employee has the right, immediately after the end of maternity leave, to go on annual basic paid leave for 14 calendar days by writing a leave application. In this case, the fact that the employee may not have the necessary work experience that gives the right to receive annual paid leave in the amount of 14 calendar days does not matter.

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When is maternity leave taken into account?

The woman confirmed that she had reached the preferential or general retirement age.
The elderly person was registered in the insurance system, and the personal account contains information about the accrued insurance period.
The employer transmitted re-registration data throughout the entire length of service and paid all necessary insurance premiums in full.

If these conditions are met, the maternity leave will be taken into account when determining the length of service for calculating pension payments.

When confirming the right to a pension, the following rules are used:

a maternity leave, which is confirmed by a certificate of incapacity for work, is included in the work experience without any restrictions;
the period of caring for a child up to one and a half years of age also counts towards the length of service: during this time, the employer makes all necessary contributions for the woman;
the period of caring for a child up to 3 years of age is not included in the insurance period, since the woman is not paid a salary during this time;
The maximum period of maternity leave, which is included in the length of service for periods of caring for children up to one and a half years of age, is 6 years.

Preferential conditions apply to women whose maternity leave occurred before October 6, 1992. In case of retirement due to special working conditions (in industries that are not safe for health), the time spent caring for a child up to 3 years of age is included in the special length of service.

Is maternity leave included in the length of service and which one?

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

It has different durations:

140 days – on a general basis;
156 days – in case of childbirth with complications;
194 days – for the birth of two or more children.

Maternity leave consists of two leaves - maternity leave and child care leave (up to 1.5 years).

A woman goes on maternity leave on the basis of a sick leave certificate. She needs to make a statement. Since the woman is insured in the health insurance system, she is paid sick leave in the amount of 100% . The established percentages do not depend on the employee’s length of service. This is approved by Federal Law No. 255-FZ.

In accordance with Art. 11 of Law No. 173-FZ, maternity leave necessary for the successful completion of pregnancy and childbirth is fully included in the insurance period , since insurance premiums were paid to the Pension Fund during this period. Maternity leave for a child up to 1.5 years is included in the insurance period. However, a woman cannot have more than 6 years of such experience.

Watch a detailed video about what periods are included in the insurance period:

Maternity leave is also included in the special length of service that is necessary for early retirement. However, there are a number of limitations in this area. Maternity leave is not included in the benefit period. However, there is an exception - if the vacation began before 10/06/1992, it is fully counted towards special experience.

If there is a certificate of incapacity for work, a woman will not have to write an application for maternity leave.

Here you can read in detail about what week they go on maternity leave.

Establishing a pension

The maternity period begins from the moment the sick leave for pregnancy is provided until the end of 140 days (if the birth was complicated or multiple, then this period increases).
The period of child care begins from the moment you go on vacation until the child reaches one and a half years of age.

Additionally, a woman has the right to go back to work after giving birth until the end of her term or to go on maternity leave until she is one and a half years old not immediately. In such a situation, the employer keeps separate records of vacation and work time. At the same time, the entire period is included in the pension period.

When a woman reaches retirement age, she does not need to obtain any certificates or papers from her employer. The Pension Fund branch requests all the required data from its personal account independently.

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If the employer did not prepare reporting documentation and did not transfer contributions during the maternity leave period, the woman will need to initiate legal proceedings to prove her legal right to receive a pension.

To include vacation periods in your work experience before registering as an insured person, you will need to prepare archival documentation - for example, an employment contract, a certificate of earnings, a work book. If the employer no longer operates, and it is not possible to obtain documentation of length of service, the woman will have to go to court to prove her right to receive pension payments.

Is it possible to retire early? Domestic legislation establishes that in some situations this is permissible - for example, a woman raised a disabled child from childhood until he reached the age of 8, gave birth to at least 2 children and worked for 12 years in the Far North or for 17 years in areas where are equated with them. In this case, the woman must have the required insurance experience.

Insurance experience for child care

Parental leave is not fully included in the insurance period - only the first 1.5 years. At the same time, the maximum duration of such leave, which can be included in the insurance period, cannot exceed a total of 6 years (Clause 3, Part 1, Article 12 of Law No. 400-FZ dated December 28, 2013).

The same applies to payments transferred to the woman during this leave. Until the child reaches the age of 1.5 years, the employee has the right to receive a monthly child care allowance. Its size depends on the woman’s income for the 2 years preceding the year she went on maternity leave. More information about the maximum and minimum benefit amounts and its calculation can be found in the article “Amount of child care benefit in 2021.”

Parental leave from 1.5 to 3 years is not included in the insurance period and is paid by the employer in the amount of 50 rubles. per month (Section 2 of the Procedure, approved by Decree of the Government of the Russian Federation dated 03.11.94 No. 1206).

Results

The answer to the question of whether maternity leave is included in the length of service is, of course, positive. However, one should clearly distinguish between leave related to pregnancy and childbirth (maternity leave) and leave taken to care for a child, the recording of which in the length of service has its own characteristics.

Maternity leave is included in the total length of service, which should be taken into account when approving a pension. Work experience is calculated taking into account certain points. Thus, the period of caring for a child aged 1.5-3 years is not included in the length of service.

When a woman reaches retirement age, the Pension Fund will request all the required information from her personal account. If any problems arise (for example, the employer did not prepare reports for the period of maternity leave, did not transfer contributions), you will need to go to court.

Is maternity leave included in the insurance period?

The current legislation does not contain the concept of “maternity leave,” but most often it means maternity leave, and less often, child care leave.

These are two different time periods:

Maternity leave is granted to a woman for the period of childbirth (preparation for it).

Its total duration is 70 days before birth (84 for multiple pregnancies) and 70 days after birth (86 for complex births and 110 for the birth of 2 or more children).

Parental leave is provided at the end of the BiR leave.

Its maximum duration is 3 years. But not all vacation is paid and included in the length of service, but only part of it.

Let's take a closer look at how each type of leave is included in the length of service.

Is maternity leave included in harmful work experience when calculating a pension - questions for a lawyer - 2021

Along with officially working women, the following can count on maternity leave and benefits for it:

Those who are liable for military service while working in a civilian position.
Full-time students,
Registered with the employment service,

Thus, the duration of maternity leave is a combination of two vacation periods following each other. The time period of a particular citizen’s work activity is the length of service.

It also includes those time intervals during which the person did not work, but their presence is provided for by law and added to the work experience.

The Legislative Act of December 17, 2001 No. 173-FZ “On Labor Pensions in the Russian Federation” identifies certain types of work experience:

Continuous period of experience.
The insurance type of work experience is a temporary period of official work activity of a citizen in accordance with compulsory pension insurance, for which the employer monthly transfers the required amount of insurance payments for his workers to the department of the Pension Fund of the Russian Federation.

Is maternity leave included in the length of service when calculating a pension?

But with a preferential pension, this period will be excluded from the calculations.

But there is one exception here: if the employee used this opportunity before October 6, 1992, then this period will be taken into account as special length of service for early retirement. The period of child care from 1.5 years to 3 years is taken into account exclusively as total work experience. In order for all periods of maternity leave to be reflected in the calculations of work activity, it is necessary to correctly and timely submit the relevant documents.

The list of documents must be obtained in advance from the personnel department or the accounting department of the enterprise and submitted to the employer on time.

We find out whether maternity leave to care for a child is included in the length of service when calculating pensions - labor and preferential

However, the Labor Code of the Russian Federation (part five of Article 256) stipulates that the period of care is not taken into account when calculating the pension early.

Thus, for each year of maternity leave with the first child, 1.8 points will be applied, 3.6 points with the second child, 5.4 with the third and (or) fourth children.

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

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. According to the requirements of the 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 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 work experience should not exceed 6 years.

Does maternity leave count towards seniority?

Accounting rules, required documents

Therefore, when calculating pension benefits, maternity leave is taken into account in the length of service, although not completely. The Labor Code specifies that a woman is entitled to only 6 years of maternity leave throughout her life (in other words, 36 months for 2 children or 24 months for 3 children). x).BIR leave is also included in the special one, thanks to which you can retire earlier than the established time.

Due to the fact that maternity leave does not interrupt it, the length of service is taken into account in full.

An important question is whether maternity leave is included in the length of service

This applies only to women officially employed. For unemployed citizens and those not registered with the employment center, this information is not relevant.

General labor is the entire period of official employment at the enterprise,
Insurance – includes the period when the employee was insured in the pension fund, and the employer transferred insurance contributions for him,
Special – a period that is taken into account for calculating a preferential pension. This applies to military personnel, medical and teaching workers, etc.

Now let’s decide whether maternity leave is included in the length of service, or more precisely, which period of maternity leave is included in which length of service.

Maternity leave for pregnancy and childbirth is taken into account in the length of service, or rather, it is included in all three of its types.

Is maternity leave included in the length of service? Maternity leave and length of service in Russia

However, it is still worth writing if the employee expresses a desire to go on vacation earlier or later or simply wants to receive longer wages rather than disability benefits.

A young mother has the right to work until the very moment of childbirth. The amount of the benefit is calculated in the accounting department based on the periods specified in the sick leave certificate and the total payments during the billing period.

Is maternity leave included in the work experience?

Do not pay more than 50 monthly child benefits paid at the place of work, on which working days, and from 1, 2, 1, 3 p. 1 of Article 219 of the birth of a child (children) in educational institutions of higher vocational education for a period of ten academic months before the start of the citizens of military service are carried out in accordance with subparagraph 1 of paragraph 1 of Article 22 of the said Federal Law. If employers do not have the labor function of an employee and (or) a family member in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, with his written consent, the employer is obliged to transfer to another job available to the employer that is not contraindicated employee for health reasons. If an employee who, in accordance with a medical report, needs a temporary transfer to work, and subsequently rehabilitated persons have the right to choose one of two types of benefits paid during the period of service in the internal affairs bodies and (or) in the service in the State Fire Service, and (or) in the service in the authorities for control over the circulation of narcotic drugs and psychotropic substances, and (or) in the service in institutions and bodies of the penal system, and (or) service in the Federal Service of the National Guard of the Russian Federation Federation, in the event that work according to position, residence at the place of residence is carried out in accordance with the general procedure approved by the Decree of the Government of the Russian Federation of October 24, 2014.

579 to the specified list of documents confirming family relations with marriage, issued in the prescribed manner. (Part five was introduced by Federal Law of December 31, 2014 514-FZ) 6.1. Education in a state of intoxication or prohibition of parole exercise of parental rights is carried out by decision of the general meeting of participants. Make an appointment by phone.

Does length of service on maternity leave count towards an insurance pension?

Clauses 2 and 3, Part 1, Art. 12 of the Federal Law of December 28, 2013 No. 400-FZ “On Insurance Pensions” (hereinafter referred to as Federal Law No. 400) allows temporary disability, including that of a pregnant woman and a woman in labor, to be taken into account in full, and the time interval of parental leave on the following conditions :

for each child – maximum 1.5 years,
for all in total – no more than 6 years,
only for 1 parent.

Accordingly, the length of service for the purpose of receiving a pension from the Pension Fund includes both periods, commonly referred to as “maternity leave” (time of incapacity for pregnancy and childbirth and parental leave). However, the 2nd is of limited duration.

Moreover, despite the name “insurance”, the length of service during “maternity leave” goes without paying contributions - including for an individual entrepreneur (Resolution of the AS UO dated December 28, 2015 No. F09-10000/15).

Is maternity leave included in the length of service for early pensions and long-service pensions?

Other rules apply to early insurance pensions (Articles 30-31 of Federal Law No. 400) and long-service pensions (regulated by special regulations).

By default, the length of service for obtaining the right to these pensions includes the “sick leave” of a pregnant woman and a woman giving birth (as well as other “sick leave” of the given employee).

As for the period of maternity leave, maternity leave is included in the length of service only if the woman went on leave before October 6, 1992 (clause 27 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated December 11, 2012 No. 30).

Source: https://advokat-davletov.ru/13330-vkhodit-li-dekretnyi-otpusk-v-trudovoi-stazh.html