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, with decrees, and give examples of such calculations.
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.
Calculation examples
In order to make all the necessary calculations, you will need a pen, a piece of paper and your work book. To calculate the length of service, it is also necessary to take into account what is not included in the length of service:
- 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 ones, 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.
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.
Attention! Due to recent changes in legislation, the legal information in this article may be out of date!
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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 the length of service and the insurance period. We will talk about some of the features of accounting for maternity leave in the article.
How is maternity leave included in the length of service?
Such leave is counted towards the total and continuous work experience and work experience in the specialty. Those. Maternity leave is included in the length of service.
Let us remind you that there are two types of length of service – labor and insurance. Work experience is taken into account when applying for certain types of pensions, including long-service pensions and early pensions. One of the conditions for the appointment of these pensions is the presence of the required work experience, i.e. work experience in a certain industry, in a certain profession.
One more thing. If a woman’s periods of work and her maternity leave occurred before 2002, then to calculate and calculate the pension, her total length of service 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 is maternity leave taken into account in the insurance period?
For those women for whom an old-age pension was established before January 1, 2014, the amount of the pension was recalculated from the specified date due to the inclusion in the insurance period of the period of child care until the child reaches the age of one and a half years, but not more than four and a half years in total. The recalculation was made by the Pension Fund of the Russian Federation in an undeclared manner, that is, without requiring an application for recalculation of the pension amount. Thus, in fact, maternity leave is taken into account in today’s insurance period.
Since January 1, 2015, rules have been in force according to which the time one of the parents cares for each child until he reaches the age of one and a half years can be included in the insurance period. But the total insurance period cannot exceed six years.
IMPORTANT! Until 2014, only three years were taken into account for pension purposes, regardless of how many children the parent raised. From January 1, 2014, the length of service included periods of one parent caring for a child up to one and a half years old, but not more than four and a half years in total. From January 1, 2015, the insurance period includes periods of child care up to one and a half years, but not more than six years in total. These periods are called non-insurance periods. But these periods are counted towards the insurance period. 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 while on 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 especially 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. Moreover, in the case of child care by both parents, only periods of care that do not coincide in time are counted in the insurance period of each parent.
If the duration of the “non-insurance” period is 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. If the insurance and “non-insurance” periods coincide, a citizen can choose a period that is more profitable for him.
Maternity leave is maternity leave. It presupposes the legal exemption of a woman from labor during the period of giving birth to a baby and caring for him. Its period is 70 days (in the case of a multiple pregnancy - 84) before the moment of birth and 70 (in the case of complicated births - 86, in the case of the birth of several children - 110) days after them. Many expectant mothers are interested in the question of including the period of maternity leave in their work experience, how the time of caring for a baby is taken into account when applying for a pension.
Regulatory framework
The procedure for recording work experience during a woman’s stay on maternity leave is regulated by federal laws, which include:
- Labor Code of the Russian Federation;
- Federal Law of the Russian Federation No. “On state benefits for citizens with children”;
- Federal Law of the Russian Federation No. “On Labor Pensions”.
The essence of maternity leave and work experience
It is established by law that during pregnancy and after the birth of a child, a woman has the right to count on legal rest. The specified vacation is paid. The employer is obliged to prepare an appropriate order releasing the woman from her official duties.
Work experience is counted in the following cases:
- Caring for a newborn baby up to 1.5 years old;
- Leave of absence for an employee due to the need to care for a child who is a group 1 disabled person.
The duration of the vacation is:
- For natural childbirth - 140 days (70 due before birth and 70 after);
- In situations of health complications - 156 days;
- At the birth of several children - 194 days.
The start of the holiday is set:
- At 30 weeks, with a favorable pregnancy and expecting one child;
- At 28 weeks, if you are expecting twins.
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Material component
In the absence of regular employment, the amount of financial support for the period of caring for the baby is established by the state.
These payments are made at a time. After this, the woman can go back to work or take parental leave and receive the appropriate benefit. During the period of maternity leave for up to 1.5 years, a woman receives payments in the amount of 40% of her salary. In the absence of permanent employment, payments are prescribed by the state. The legislator also provides for the extension of parental leave to 1.5 years until the child reaches 3 years old, and the processing of appropriate payments. During the period of parental leave from 1.5 to 3 years from 2020, the state guarantees cash payments only to low-income families; their total income should not be more than two subsistence minimums for each family member.
It is important to know: the Labor Code of the Russian Federation establishes that the workplace is retained by the employee for the entire duration of her stay on maternity leave.
Maternity leave and insurance experience
Let's consider the main aspects.
Crediting length of service to insurance pension
- the period of incapacity during which the pregnancy occurs and childbirth takes place;
- maternity leave for up to 1.5 years.
The specified length of service during maternity leave is without making any contributions, including for a private entrepreneur.
Crediting maternity leave to the length of service of pensions granted early based on length of service
Other requirements are established for early insurance and long-service pensions. The length of service required to acquire the right to these pensions includes the time the pregnant woman and woman in labor are actually on official sick leave.
Is maternity leave included in the length of service?
The current law, the period of release of the mother from labor in order to care for the baby, includes two stages:
- pregnancy time;
- birth of a baby and caring for him until he reaches 1.5 years of age.
The procedure for releasing a woman from work involves the latter writing a corresponding statement to her employer, to which is attached a certificate of incapacity for work. Based on the above documents, the employer makes payments provided for by the Russian Labor Code. The time period is calculated in calendar days, excluding holidays and weekends. The start date of maternity leave is determined by the doctor leading the pregnancy.
It is important to know: until the date of maternity leave, the expectant mother receives a salary at her place of work. At the 30th week of pregnancy, if desired, she is completely freed from work if she is expecting one baby. If she is carrying two or more children, the specified period is reduced to 28 weeks.
General insurance period
The time spent on maternity leave and child care leave is fully included in the insurance period (clause 4 of article 5 of ILO Convention No. 132, article 121 of the Labor Code of the Russian Federation). Only the first 1.5 out of 3 years possible for caring for a child are included in the calculation of the period for calculating an old-age pension.
Benefits
Most often, the topic of preferential pension provision is of interest to teachers and doctors, since these are the categories of citizens who, by law, have the right to count on receiving early pension provision. The legislator has determined that the entire period of pregnancy and the birth of a baby is included in the length of service, and child care is endowed with certain subtleties.
The period of time after the child reaches 1.5 years old refers to the individual choice of the woman regarding the possible continuation of caring for him up to 3 years. At the same time, no benefits are provided, and therefore only the right to include this period in the old-age pension is granted.
Civil service
For persons who are military personnel, as well as those serving in the Ministry of Internal Affairs and the Ministry of Emergency Situations, there are legally defined conditions that grant them the right to resign from service due to unfavorable health conditions and for other reasons. Based on these conditions, it is possible to include maternity leave in the pension period.
Healthy! During the period of caring for the child, the young mother retains her employment and position. She has the right to interrupt her vacation at any time and start working.
"Northern"
Citizens who have a place of residence and employment in the Far North can... Women who were on maternity leave before 10/06/1992 have the legal opportunity to include this time in the grace period. This rule is acceptable provided that labor activity is carried out before and after childbirth. At the same time, the duration of the work activity itself does not matter.
Women who give birth to children in harsh northern conditions may well count on a pension supplement. For mothers who went on maternity leave after the above date, the period of time spent caring for the baby is taken into account only in the total length of service.
Calculation of pension points
According to the law, the insurance period of one of the parents includes periods of care for each child until he reaches the age of 1.5 years, but not more than 6 years in total.
Additional pension coefficients have also been established for mothers:
- period of caring for the first child - 1.8 points;
- period of caring for a second child - 3.6 points;
- period of caring for the third and fourth child - 5.4 points.
Points will be awarded if during this period the citizen was not in an employment relationship.
Not working
Specifics are provided for when assigning retirement benefits to unemployed persons. The periods taken into account are:
- time spent on the register of the unemployed;
- before the child is 1.5 years old;
- caring for a disabled person of group 1;
- necessary care for an elderly person whose age is 80 years or older.
The specified periods of time are recorded by specialists of the Employment Center in the total length of service and do not affect the receipt of any benefits.
The procedure for calculating length of service, including maternity leave
When calculating length of service, taking into account the period of maternity leave, one of two assignment options is followed:
- The time period during which the mother was disabled is taken into account;
- During this period, the mother looks after her child until he is 1.5 or 3 years old. In this case, the maternity leave is fully included in the length of service at work;
- Incomplete inclusion in the work experience. The option is acceptable in situations in which the child’s father and mother take time off work one after another until the child reaches 1.5 years of age.
Features of acquiring experience while on maternity leave
Nowadays, unscrupulous employers deliberately ignore the legal rights of a pregnant woman, and therefore you should know certain subtleties of the procedure for calculating length of service:
- During pregnancy, the employer is obliged to provide the expectant mother with full leave. It does not matter the number of days used earlier in the year;
- The total amount of benefits paid to a pregnant woman for being on maternity and child care leave must be established by the employer’s accounting department, taking into account the average salary of the employee;
- It is possible to pay wages and benefits at the same time only if the employee agrees to perform her work duties on a part-time basis;
- In the event of the birth of a second child during maternity leave, the first leave should be “closed” and a second one should be taken out;
- It is advisable to monitor the correctness of the documents, otherwise it is impossible to exclude possible problems that arise during the accrual of experience.
Subtleties of calculating length of service for the first and subsequent maternity leave
Situations arise in which a woman, while actually on her first maternity leave, gives birth to a second child. In this case, she should “close” the first vacation and take out a second one. If you ignore this rule:
- the opportunity to receive some required benefits will disappear;
- experience will no longer accrue.
If a woman worked while on maternity leave, she will have the right to choose which points to use when calculating her pension: either for work or for the non-insurance period. This right of choice is granted to a citizen only when a pension is assigned. Once a pension has been assigned, the period classification cannot be changed.
If several periods included in the insurance period coincide in time, then only one of them is taken into account when assigning a pension.
The territorial body of the Pension Fund takes into account the period that gives the right to an insurance pension or to determine the value of the individual pension coefficient at a higher rate. A citizen who applies for a pension can indicate in the application the period he has chosen to be included in the insurance period.
Periods of child care are counted in the insurance period if they were preceded or followed by periods of work or other activity (regardless of their duration), for which insurance premiums for compulsory pension insurance were paid. This allows parents to formulate their pension rights and obtain the right to an insurance pension. When calculating the insurance pension, all annual pension points are summed up, including points for non-insurance periods.
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The birth of children is an important event in a woman’s life. The state, for its part, provides support. For a certain period of time before and after childbirth, maternity leave is issued, as well as leave to care for a newborn. A woman has the right not to go to work for up to three years.
What is maternity leave
– this is a temporary break from work provided for the birth of a child and caring for him. It is issued on the basis of a sick leave certificate. The start date is usually the thirtieth week of pregnancy. The total duration of maternity leave is 140 days. Usually 70 days are taken before the onset of labor and 70 after. If two or more children are born, another forty days are added. For difficult births, sixteen days are added.
When adopting a child, you are entitled to leave for seventy days. Based on the order of the Ministry of Health and Social Services. Development No. 255 of December 29, 2006, social benefits are paid during maternity leave.
Its size is calculated according to the indications:
- average earnings;
- the entire period worked;
- duration of vacation.
The employee’s job must be retained throughout the entire period. An employer has no right to fire a woman.
Is maternity leave included in the calculation of length of service for a pension?
Based on Art. 255 and 256 of the Labor Code of the Russian Federation, the length of service during maternity leave is calculated. It is this document that guarantees a woman’s job security.
Currently, the period of maternity leave is counted towards the total length of service. Some women do not work for a long time due to the birth of children and do not have the opportunity to earn work experience. This mainly applies to mothers with many children.
- The period of maternity leave and the period until the child reaches one and a half years is counted in the insurance period.
- Women who work for the government. service, this period of time is also taken into account.
- Experience earned in the Far North or other difficult areas includes the maternity period.
Women working in difficult conditions may retire early.
A preferential pension is issued:
- for men – at 55;
- for women aged 50.
If a man is caring for a child, it is also possible to apply for care leave for him, which will be included in the calculation of the pension.
Non-working mothers also receive maternity benefits. Such payments are made by the social center. protection from birth until the child is one and a half years old.
If a woman has many children, no more than 6 years of total childcare time is included in the length of service. Each child is entitled to one and a half years. Maternity leave time for other children will not be included in the calculation.
Maternity leave and teaching experience
Teaching experience is the time spent working in certain positions that are related to educational and educational activities.
It includes:
- military service under contract or conscription;
- officer position;
- leadership work in trade union organizations;
- educational activities.
For women who are on maternity leave more than once, the length of service will include no more than three years.
The category of teachers includes employees of the Armed Forces of the Russian Federation who are engaged in:
- industrial training;
- physical education;
- teaching general education subjects;
- teaching music and various creative disciplines.
Maternity leave taken before October 6, 1992 is also included in the calculation of the preferential pension.
Registration of a pension on maternity leave
The decree is included in the calculation:
- preferential special;
- insurance;
- total work experience.
All time spent on maternity leave for up to one and a half years is taken into account in calculations as general and insurance experience.
Vacation up to three and four and a half years, after 2015, is counted only in the total length of the old-age pension. Does not apply to the calculation of preferential pensions.
Step by step instructions
Documents required:
- Application for a pension.
- Passport.
- Work book.
- Insurance certificate.
- Birth certificates of children.
- A copy of the agreement with the bank for transferring pensions.
