Work experience during maternity leave: from one and a half to three years, as calculated

Source: https://rabotnika.ru/otpusk-po-uxodu-za-rebenkom-vhodit-v-stazh/

Is maternity leave included in the length of service? Does child care count?

Often when going on maternity leave, a woman thinks about whether the time spent caring for a child during maternity leave will be included in her work experience. Or, after all, there is no point in using his terms to the maximum and trying to go to work early in order to continue his work activity and continue his work experience in order to count on a decent pension in the future.

In this article we will talk in detail about such things as “maternity leave”, whether maternity leave is included in the length of service, what a woman can count on when going on maternity leave. And also in this article we will show how length of service with maternity leave is calculated and we will give examples of such calculations.

Does maternity leave count?

In order to more accurately answer this question, it is worth citing articles from the legislation of the Russian Federation. According to Article 256 of the Labor Code of the Russian Federation, parental leave is limited when the baby turns three years old. But here it is also worth noting from the point of view of pension legislation that the length of service included in the calculation of pensions is 1.5 years.

In other words, when the child reaches one and a half years of age, social insurance stops being paid and further time spent on maternity leave is not taken into account when calculating the pension.

Counting child care into the insurance period

As we said above, time spent caring for a child is counted toward work experience only up to one and a half years. And it cannot exceed 6 years in a lifetime. In general, according to the laws of the Russian Federation, the decree is designed for 3 years. But all social benefits and length of service, which is taken into account when calculating the pension, are equal to 1.5 years, in other words, only half of the time provided for maternity leave.

A woman spends 1.5 years on maternity leave with social support and the second half of the time at her own expense.

Accounting for pension calculations

When calculating a pension, a period of one and a half years is taken into account. It is worth remembering that this time should not exceed the total amount of time equal to 6 years for all children.

Accounting for several maternity leaves in a row

From the material described above, it is clear that if a woman goes on maternity leave and after the required three-year period, the woman becomes pregnant again and goes on maternity leave again, pension calculations will still be made at the rate of 1.5 years per child .

Even if a woman spends the required 6 years at home, her work experience will be equal to three years.

How to correctly calculate length of service on maternity leave?

Upon reaching retirement age and retiring, the pension fund will make all the necessary calculations automatically. This is due to the fact that the employer insures all of its employees.

And when a woman goes on maternity leave, after providing sick leave, the pension fund will receive all the necessary data from the employee’s personal account.

When calculating pension contributions, the time spent on vacation from the moment of leaving until the child reaches 1.5 years will be taken into account.

If we summarize all the information described above in this article, it turns out that:

• Pregnancy and childbirth are included in the length of service (the number of children and duration does not matter);
• Child care – up to 1.5 years and a total of not exceeding 6 years;
• Child care after 1.5 years is not included in the calculation;
• Caring for a child of any age is not included in the calculation if the total time spent caring for previous children is already more than 6 years.

All pension payments can be guaranteed only if all necessary conditions are met:

• The woman must be registered in the social insurance system;
• The age must correspond to the generally accepted or preferential age;
• You must also achieve a minimum work experience.

Examples of calculations

In order to make all the necessary calculations, you will need a pen, a piece of paper and your work book. To calculate work experience, you must also take into account what is not included in work experience:

• Studying at a university;
• Parental leave after 1.5 years.

But for your convenience, we can recommend that you go online and find specially designed calculators, where you can set all the necessary parameters, and the system will calculate everything automatically, taking into account all the specified periods and the data you entered.

Possible exceptions and nuances

Speaking of exceptions and nuances, there are practically none in this matter, and they are not provided for. Since the entry into force of new legislation on January 1, 2014, the insurance period has increased from 3 to 4.5 years.

This has become convenient for women caring for 3 children at the same time. After all, the calculation will take into account the period until each of the babies turns 1.5 years old.

But along with this, there is a clause in the legislation that if a woman went on maternity leave before October 6, 1992, the length of service will be taken into account for the entire period spent on leave.

Source: https://pfrf-kabinet.ru/trudovoj-stazh/vhodyat-li-dekretnye.html

Maternity leave in work experience: accounting features

Unfortunately, pension laws in the Russian Federation are constantly changing, so future retirees are worried about their work experience. Women who have been on maternity leave are interested in whether this period is included in their length of service. According to the law, the time when a woman was on maternity leave is necessarily taken into account when calculating her pension.

Maternity leave

In order to understand how the period when a woman cares for a child is included in the length of service, you need to find out what maternity leave and work experience actually mean.
Any woman preparing to become a mother has the right to receive maternity leave.

This right applies not only to persons who give birth themselves, but also to those who are planning to adopt a baby.
Every employer is required to provide maternity leave to its pregnant employees. In order to receive leave, the expectant mother must register for pregnancy at the antenatal clinic.

At 30 weeks (and if the pregnancy is multiple, then at 28 weeks), the doctor writes her a sick leave due to pregnancy and childbirth. According to it, the employee is released from work for a certain period before and after childbirth. By presenting this document to the employer, she can apply for maternity leave.

To do this, you need to write a corresponding application according to the model established at this enterprise.
After the expectant mother submits an application to the employer, he must write an order to grant her leave and accrue a lump sum maternity benefit.

An employee can exercise her right to maternity leave at her own discretion, so you can write an application at any time, but not earlier than the date specified by law. If a woman does not want to take a vacation, that is also her right.

While working, a worker preparing to become a mother receives her salary, but she cannot receive a lump sum maternity benefit. To determine work experience, it is necessary to find out whether the employee made insurance contributions during the period under study.

Definition of concepts

The legislation does not establish the concept of maternity leave.
However, in accordance with its norms, one of the social guarantees provided to women is the period of release from labor duties:

1. For pregnancy and childbirth;
2. To provide child care.

Leave due to pregnancy and childbirth is a type of rest that is provided to a woman before and after the birth of a baby.

Child care is a type of exemption from work duties at work provided to a family member who cares for a child.

Work experience is the time when a person carried out official functions, which is confirmed by the transfer of appropriate contributions to the Pension Fund of the Russian Federation.

The following categories are distinguished:

1. Total (the amount of funds that were contributed by one employer from the beginning of his employment function until the day the legal relationship was terminated). The following time periods are included in its enrollment:
   • Carrying out service in the Armed Forces;
   • Carrying out personal care based on medical documents;
   • Caring for a baby under 1.5 years old;
   • Obtaining unemployed status;
   • Stay in places of deprivation of liberty with subsequent rehabilitation of the person.
2. Continuous (working for one or different employers, provided that the period of transition from one to another does not exceed three months);
3. Special (calculated subject to work in certain categories of specialties).

The total length of service is used as the basis for calculating the amount of pension benefits.

Counting rules according to current legislation

Based on the norms of the Federal Law of December 17, 2001 N 173-FZ “On Labor Pensions in the Russian Federation,” labor or other activities carried out in the country should be included in the length of service, taking into account the transfer of contributions to the Pension Fund.
Based on the norms of this legislative document, the rest provided in connection with pregnancy and childbirth is counted towards the woman’s total length of service.

When caring for a baby, this time is credited subject to the following conditions:

1. Only 1.5 years out of 3 years for each child are subject to inclusion in the length of service;
2. Both the father and the mother of the child can count this time into service;
3. The maximum amount of time that can be included is 4.5 years (in case of raising several children).

Inclusion of maternity leave in seniority

The participation of a woman on maternity leave in the compulsory pension insurance system, as well as the calculation and payment by the employer of insurance contributions to the Pension Fund of the Russian Federation, are the basis for including maternity leave in the length of service and assigning an insurance pension (Articles 11, 12 of the Federal Law of December 28, 2013 No. 400-FZ “On insurance pensions”).

Confirmation that insurance premiums were accrued and paid for a woman during her maternity leave is the fact that she was paid a lump sum maternity benefit.

Because the legal basis for paying sick leave for pregnancy and childbirth is the fact that the employer insures the employee in the compulsory health insurance (CHI) system, which is part of the pension insurance.

Parental leave from one and a half to three years is not included in the length of service

When calculating the work experience of a woman who took maternity leave, there are features of accounting for post-maternity leave - to care for a child, namely:

• maternity leave from one and a half to three years is not included in the length of service, since during this period the employer does not calculate or pay insurance premiums for the woman;
• Parental leave for up to one and a half years is included in the length of service, but in a limited amount - in total no more than four and a half years.

In conclusion, we can summarize that when determining whether maternity leave is included in the length of service, it is necessary to distinguish between several periods:

• direct maternity leave provided by the employer on the basis of a certificate of temporary incapacity for work, which is included in the length of service;
• parental leave for up to one and a half years, which is also included in the length of service, but in a limited amount;
• child care leave from one and a half to three years, which is not included when calculating length of service.

Features of Calculus

Preferential service is used to obtain the possibility of early assignment of pension benefits. The conditions used for assigning pension benefits before reaching the age specified by the act are established by the Federal Law “On Labor Pensions”.

Important! In accordance with explanations No. 7392-YuL/LCh-25-25/10067, the time spent by a woman on vacation related to pregnancy can be included in the special length of service.

The Government of the Russian Federation approved the “Rules for calculating periods of work” No. 516, which established the possibility for certain categories of persons to apply for retirement before reaching retirement age. In accordance with this document, the following periods of time are included in the preferential length of service, which gives grounds to receive pension benefits ahead of schedule:

1. temporary disability;
2. annual paid holidays;
3. additional.

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According to the Labor Code, rest due to pregnancy is not considered temporary disability or annual leave.

However, the basis for providing this time is that the woman has a certificate of incapacity for work, which is issued by the doctor of the medical organization in which she is registered.

Based on this, it is customary to include this time in the period of temporary disability, which in turn makes it possible to include this period in the preferential length of service, which provides the right to retire early.

As for the inclusion of maternity leave, it is included in the preferential leave only if it was provided to the woman before October 6, 1992. If this condition is met, then the woman has the right to count on the opportunity to end her working career early and receive pension benefits from the state.

How is pension calculated?

Currently, the amount of pension provision for a particular person is calculated based on the number of points that are in his personal account. They are converted into rubles. The cost of each point is established annually by regulations of the Government of the Russian Federation.

Since while a woman is on leave due to pregnancy and childbirth, the employer does not stop making the necessary contributions, the calculation of the pension for this time is carried out on general terms.
The amount of accumulated points will depend on the level of wages and pension contributions made by the employer.

The higher the mother's salary, the more points will be credited to her account.
As for maternity leave, this period is called “unpaid.” However, despite this, pension legislation provides for the accrual of points. The amount of these points depends on the number of children cared for.

The time used as reporting time is one year. This means that if a woman cared for a child for 1.5 years before leaving the leave, the points are rounded up to one year.

The number of points awarded is as follows:

1. 1.8 – when caring for the first;
2. 3.6 – when caring for the second;
3. 5.4 – when caring for the third and fourth.

If a woman has more children, no points are awarded for the rest.

To calculate pension

When a woman is officially employed, pension benefits are assigned taking into account maternity leave.
In accordance with the instructions of Article 256 of the Labor Code, a woman has the right to leave, which is granted to care for a child until he turns three years old.

The assignment of old-age pensions must be made taking into account the specified type of leave.
Legislative acts established the procedure and timing of payments for the period of leave, which are allocated for raising a child.
It can be taken in full or in separate parts.

The father, grandmother, grandfather or a person related to the child, a guardian in whose care a minor Russian citizen has the right to take it.

In addition, he is counted towards work experience in his specialty, which allows him to have length of service in a specific field of activity.
Parental leave is divided into two parts, one of which is partially paid and the other is not.
When calculating the pension, the first part is taken into account, because it is included in the insurance period, which allows you to receive a labor pension for your work activity, regardless of your place of work.
As for the second part of leave to care for a minor child, in accordance with the instructions of legal acts it refers to leave without pay, due to which it cannot be included in labor leave.
But it is included in the general, continuous work experience.
To the question: “is maternity leave included in the length of service for calculating the sick leave sheet issued by a medical institution, the answer is unequivocal. Yes, it is included, the calculation is made taking it into account.
Moreover, when calculating length of service, it is also taken into account in accordance with current regulations. During the period of maternity leave, a woman has the right to find a part-time job and work from home. In this case, she is not deprived of the right to receive state subsidies, which are provided under the social insurance program.

For the entire period while a woman is on maternity leave to care for a young child, she retains her workplace and position.

And in conclusion, it should be noted that many employers do not take care to fully provide their employees with a social package, so women need to study in detail the issue regarding the period of maternity leave for calculating vacation pay related to pregnancy and childbirth.
The amount due for disbursement ultimately depends on the correct calculation made.

Registration of maternity leave

Maternity leave is issued by the mother of the child 70 calendar days before the birth (approximately 6-7 months of pregnancy). It is a common practice to combine annual calendar leave with maternity leave, when a woman goes on vacation a little earlier in order to devote more time to preparing for childbirth and to avoid stress factors.

A lawyer talks about applying for maternity leave.
To apply for leave, an application is written in the name of the employer and documents are provided confirming that the pregnant woman is registered. To receive a calculation for the vacation period, you should contact the company’s accounting department.

All payments made by an accountant to a person going on vacation are compensated by the social insurance fund.
The minimum period of maternity leave is 140 days, for each of which the woman receives compensation, the amount of which depends on her annual salary.

If a woman already knows that she is pregnant with twins, she can receive compensation for the entire 194 days of vacation she is entitled to.

Maternity leave table

Conditions Duration of maternity leave in days
Normal course of pregnancy and childbirth 140 The same for women living or working in areas contaminated after the Chernobyl accident, the Mayak plant or the dumping of waste into the river. Leaking (in a contaminated area) 1600 Normal course of pregnancy, complicated childbirth 156 The same for women living or working in the territory of the “Chernobyl zone” 176 Premature birth (between 22 and 30 obstetric weeks) 156 Multiple pregnancy diagnosed before the 30th week 194 Multiple pregnancy , established during childbirth 194

Either parent can go on parental leave. If the marriage of two parents is not officially registered, in order to obtain a maternity leave, the child’s father needs to officially confirm paternity. The Social Insurance Fund pays monthly compensation in the amount of 40% of wages to those who have gone on maternity leave. The maximum and minimum allowable amounts of compensation are regulated by law.

Only during the first 1.5 years of being on parental leave, a parent receives financial assistance. Then, on his own initiative, the employee can extend the maternity leave for another 1.5 years or return to work.

When creating this article, materials were used from the sites:

Source: https://soczaschitnik.ru/uchet-perioda-dekretnogo-otpuska-v-trudovom-stazhe/

Are years of childcare included in the pension period in the Russian Federation?

The birth of a child is an important event in every Russian family. It should be noted that the legislation guarantees working mothers a wide range of benefits and privileges. The most valuable of these is considered to be parental leave. Let's talk about him.

A woman during pregnancy and after childbirth needs social support measures, and first of all, vacation in order to be able to care for her newborn baby.

Russia is one of the few countries that strongly supports women in this matter, securing for working women the right to paid parental leave for up to 1.5 years with the possibility of its further extension, but without pay.

How is parental leave included in the length of service?

Modern legislation has abandoned many of the rules for accounting for child care time, which were in effect during Soviet times. How is parental leave now counted towards the length of service? Let's look at everything in order.

How is parental leave included in total length of service General length of service has two purposes in pension legislation:

• total work experience completed before January 1, 2002 - it is taken into account when calculating the pension (in the value of the length of service coefficient),
• insurance period, which is determined for the entire period of work and gives the right to an insurance pension. So, in 2018, to assign an old-age insurance pension, at least 9 years of such experience are required.

When deciding whether to include parental leave, you can now apply the rules that were in force at the time the woman was on that same leave. Until January 1, 2002, the Labor Code of the RSFSR allowed the inclusion of parental leave up to 3 years into the length of service, so those who were on leave during this period did not have any problems with length of service.

Since 2002, the rules for calculating length of service for pensions have changed: a mandatory condition has appeared on the transfer of insurance contributions for the employee. Accordingly, parental leave as a period for which insurance premiums are not paid has lost its grounds for inclusion in the length of service.

However, as an exception, parental leave up to 1.5 years is compensated by pension points as a “non-insurance period” (2.7 points for 1.5 years with the first child) and is included in the insurance period.

But vacation up to 3 years is completely excluded from the length of service - this is an obvious deviation from previous Soviet norms.

How is parental leave included in the benefit period?

Preferential service is of particular importance: its duration allows workers in certain professions to retire early. Of course, parental leave can significantly increase the grace period (by at least one and a half years), and therefore speed up retirement.

With the inclusion of parental leave in the preferential length of service, everything is much sadder than with the general length of service. There is a whole gulf between modern and Soviet legislation here.

During the Soviet period, Article 167 of the Labor Code of the RSFSR provided that leave to care for a child up to 3 years of age was included in both the general and preferential length of service. But in the 1990s, a policy began to tighten the rules for early retirement. Since October 6, 1992

the wording of Article 167 was changed: parental leave was excluded from the preferential length of service, leaving it only for general length of service.

Important!!! Leave to care for a child up to 3 years of age is fully counted towards the benefit period only if the woman went on this leave before October 5, 1992 inclusive. If the start of parental leave is dated October 6, 1992 or later, it is not included in the benefit period. This is an established practice of both the Pension Fund and the Supreme Court of the Russian Federation.

Is leave to care for a disabled child included in the length of service?

The time during which a family member cares for a disabled child of the first group is included in the length of service. The period of caring for a disabled person is included in the insurance period. only if labor activity was carried out before this time.

It is possible to apply for a pension prematurely in such a case if:

• care for a disabled person continues for eight years;
• if he is declared incompetent;
• insurance deposits are made for 15 years (this period also includes the time of caring for a disabled person);
• upon turning 50 years old.

According to the new law, from January 1, 2019, parental leave for up to 1.5 years is included in the length of service, which affects the assignment and size of the pension. But the period from 1.5 to 3 years is excluded from the length of service.

Note that legislators have not “touched” this norm since 2019. The same procedure for calculating insurance coverage was in effect until 2019. That is, in fact, there were no changes in this part.

Source: https://pronedra.ru/vxodyat-li-v-rf-gody-po-uxodu-za-detmi-v-pensionnyj-stazh-343512-pid-ia.html