In our modern world, everyone thinks about how they will be provided for in old age.
A pregnant woman should already understand in advance how being on maternity leave will affect her retirement.
Detailed information about maternity leave to care for a child is described in this article.
What is maternity leave?
The concept of “maternity leave” in accordance with our legislation (Articles 255-257 of the Labor Code of the Russian Federation) includes the following types of leave:
For pregnancy and childbirth
Employees who have adopted a child can receive 70 days off from the date of adoption, and if two or more children were adopted at once, this period increases to 110 days.
- Child care up to 3 years of age . It is usually divided into two periods: when the baby is not yet one and a half years old - the parent receives state social insurance benefits, and from the age of one and a half to three years - no payments are made to the parents, however, being on leave is also taken into account when determining the length of service.
What law is it regulated by?
In order to clearly determine whether a maternity leave affects a future pension, you need to immediately clarify what is meant by the word “maternity leave.”
Maternity leave consists of two types of leave: maternity leave (based on a certificate of incapacity for work) and child care. The first type of leave is more often called maternity leave, but, in fact, maternity leave is both leaves together.
A woman is given 70 days to prepare for childbirth, and the same period to recover after it. But sick leave can be extended for a number of reasons: if complications arise during childbirth - for 16 days. If two or more newborns are born at the same time, 54 days are added to 140 days.
The inclusion of maternity leave in the length of service for assigning a pension is regulated by the Federal Law “On Insurance Pensions” dated December 28, 2013 N 400-FZ (hereinafter referred to as Law N 400-FZ). According to Art. 12 of this law, the length of service for a pension is included, along with periods of working activity, and periods of partial loss of ability to work when receiving compulsory social insurance benefits.
Law N 400-FZ allows the period of care for a minor child to be included in the length of service. An increase of one and a half years is given to one of the child’s relatives, and its maximum period is limited to six years.
In order for the care of the fifth and subsequent children to be included in the experience, it should be registered in the name of another family member. For example, if the mother looked after the first four children (she took out this type of leave at work, at a university, etc.), then the father can look after the next four children (by officially registering leave with the employer).
Parental leave can be taken out by any family member (grandmother, father, grandfather), not just the mother.
Is it included in work experience?
Based on the year and for what period the woman cared for the child born, its duration, which is included in the pension period, also depends.
Since 2015 (when the norms of the federal law of the Russian Federation “On Insurance Pensions” came into force), the insurance period includes both the time before and after the birth of a child, as well as the care of one of the parents for up to 1.5 years. However, the maximum duration of this period, which is included in the length of service, is six years (clause 1 of Article 12 of the law).
Thus, when five children are born, the period will not be 7.5 years (1.5 years * 5 children), but only 4.5 years.
When accruing sick leave
The insurance period (hereinafter referred to as SS) is the period during which a citizen was fully insured in the pension insurance system, and the employer transferred mandatory contributions for the employee.
The SS, which determines the amount of benefits paid on sick leave, includes the following periods:
- cooperation with the employer using an employment contract;
- being in state or municipal service;
- research activities in residency and postgraduate studies;
- other periods during which the citizen was subject to compulsory health insurance. These, in particular, include leave for labor and labor and caring for a child under 1.5 years old.
The answer to the question whether studying is included in the SS is ambiguous:
- In fact, no contributions to the Pension Fund are made during training; therefore, this period cannot be counted.
- However, if the student is officially employed and the employer begins to make insurance payments, the SS will be accrued under the conditions provided for by current legislation.
- By law, a teenager from the age of 14 can enter into employment contracts without the consent of parents or guardians.
- You can start gaining experience already from school, provided that this does not interfere with the educational process.
The next exception is studying in military educational institutions. In accordance with paragraph 2 of Article 35 of the Law “On Military Duty and Military Service” dated March 28, 1998 No. 53-FZ, as amended on August 3, 2018, young men and women entering training sign a contract upon reaching the age of 18, which means they are considered to be liable for military service.
According to the law, service is included in the insurance period; accordingly, this period is taken into account when calculating sick leave and pension.
Is it included in the teaching experience for calculating a preferential pension?
In accordance with the same law on insurance pensions (Article 30), female teachers who have worked in institutions for children for at least 25 years can retire before the age of 55. 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.
There is an exception: if the time of care fell before October 6, 1992, then maternity leave is included in the calculations for receiving a pension before the retirement age established by law.
Thus, if you are a teacher and were on maternity leave until October 1992, then you are required to take this leave into account when retiring on preferential terms.
Length of service by harmfulness
The harmfulness standard provides for early retirement of workers whose activities are carried out in conditions that negatively affect health and pose a threat to life.
Working in hazardous production cannot become a reason for enrolling maternity leave in a preferential TS, because the employer is obliged to transfer a pregnant employee to a position with normal working conditions.
In accordance with the law, work experience for harmful activities is accrued only for periods of work in conditions different from the norm. If working conditions change, then so does the procedure for calculating length of service.
The transfer of a pregnant woman to a job that is not harmful to the health of the woman and the unborn child is carried out at the request of the employee upon presentation of a certificate with doctor’s recommendations.
Calculation features
Since 2015, points accrued both for periods of work and for parental leave after their birth are used to calculate pensions.
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. Again, no more than 6 years will be taken into account in the total amount.
If it was an incomplete year, then the following coefficients are used for calculations:
- for each month - based on 1/12 of the coefficient for the full year;
- for each day - 1/360 of a year.
How to properly arrange child care time?
Each employee leaving the workplace on maternity leave must promptly:
- Issue a certificate of incapacity for work. If a woman wants to work longer in an organization, then this is permissible, taking into account her filling out an application in the HR department addressed to the employer.
- To process care payments, the application addressed to the manager must be in writing.
- Maternity leave and care leave are processed directly by the employer. He also submits to the Social Insurance Fund the necessary documents to receive benefits and payments due for exemption from work due to pregnancy.
Conclusion
Thus, when preparing to go on maternity leave, a woman should be more careful when preparing her documents. If there are any doubts about the correctness, completeness and accuracy of the data reflected in her work book by her superiors, she has the right to double-check the correctness of the registration.
In addition, when deciding on the length of the period to care for her child, a woman should proceed not only from the possible length of service for retirement, but also from the need for her children at such an early age.
Didn't find the answer to your question? Find out how to solve exactly your problem - call right now:
Changes in the law regarding maternity leave in preferential pension service
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). BIR leave is also included in the special preferential length of service, thanks to which you can retire earlier than the established time. But parental leave is not taken into account here, except for those cases when we are talking about the period before October 6, 1992 (in such a situation, it is completely classified as special length of service, for which pension payments are assigned for long service). When paying sick leave When calculating sick leave, the length of service indicated in the work book is taken into account. Due to the fact that maternity leave does not interrupt it, the length of service is taken into account in full.
How is maternity leave counted?
Calculations are carried out according to the following general rules:
- a month is taken to be 30 calendar days, and a year is taken to be 12 months;
- if the period of caring for one child coincides with leave to care for the second, the dates are counted according to the woman’s application;
- the mark is made on the basis of the work record or other documents replacing it;
- if there is no entry in the work book, payment can be made by court decision;
- if the documentation does not contain the start date of the maternity leave, it is taken as July 1, and if a specific date is not indicated, the 15th day of the month.
After the birth of the baby, in order to receive funds from the employer and social authorities, the person will need to bring the child’s birth certificate.
How time on maternity leave will be taken into account when retiring
Maternity leave usually begins at 30 weeks of pregnancy or at 28, when twins are expected. The total length of service includes the entire period under consideration, but it should not exceed a six-year period. This figure is based on 4 children, each with 1.5 years of leave. If the duration of such rest exceeds 6 years, the remainder will not be counted towards length of service.
Does maternity leave count towards seniority?
The plaintiff in the case was on maternity leave from June 7, 1980 to April 12, 1981, from February 25, 1991 to August 31, 1992, that is, these periods of time took place before the Law of the Russian Federation dated 25 came into force September 1992 N 3543-1, and the court of first instance reasonably included these periods in the length of service required to assign an early retirement pension in old age. Taking into account these circumstances, the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation canceled the ruling of the presidium of the regional court in terms of canceling the decision of the district court and issuing a new decision to reject the claim, leaving the decision of the district court in force.
Rules for registering and calculating preferential pensions for teachers based on length of service
Family Law Does maternity leave count towards seniority? Is maternity leave included in the length of service? This question is asked by every working woman who is preparing for childbirth or is already raising children. Should she make the most of the vacation time that is legally available to her? Or should she go to work as early as possible to accumulate a decent pension? Let's look at it in this article. What is included in work experience? Length of work experience includes:
- period of professional activity;
- period of maternity leave;
- and in some cases may include time spent studying at a university or a period of service in the Armed Forces of the Russian Federation.
According to the basic rule, length of service includes the duration of the employment relationship between the employee and the employer.
Pregnancy is considered harmful
> >
- Services involved in the repair of equipment in hazardous industries.
- Mining.
- Mine workers.
- Workers of coke, pitch coke, coke-chemical and thermo-anthracite industries.
- Energy workers.
- Workers in chemical industries.
- Underground construction work.
- Metallurgy (black shops).
The full list can be found in Resolution of the Cabinet of Ministers of the USSR No. 10 dated January 26, 1991. The second list includes people engaged in activities such as:
- Geologists.
- Doctors.
- Defectologists.
- Pharmaceutical factory workers.
- Workers in such sectors of the economy as communications.
- Food and light industry workers.
- Parachutists.
- Workers working in glass production.
- School directors.
- Pilots.
- Theater, ballet or circus artists.
- Psychologists.
- Teachers.
- Transport workers (air, sea, urban and railway).
- Speech therapists.
- Workers of agrochemical services for agriculture.
We recommend reading: How to pay the enforcement fee for withholding alimony
Both lists have the right to “preferential” retirement.
But the first list will be exactly the list of professions that are called “harmful”. Read more about what preferential seniority is here.
In addition to the above documents, there are also additional lists of activities in specific professional industries, which also provide the opportunity to retire early.
Are maternity pay included in the preferential pension?
Will it be deducted, and if so, what period of maternity leave and child care leave for up to 3 years will be deducted from my wife’s teaching experience, which is necessary to calculate a preferential labor pension for teachers? workers. My wife worked in kindergartens as a teacher and music director.
The son was born on January 23, 1992. My wife got a job at my new duty station in November 1995. Thank you. question number No. 1213504 read 9094 times Urgent legal consultation 8 800 505-91-11 free
Review of judicial practice of the Supreme Court of the Russian Federation for the second quarter of 2005 (in civil cases) (approved by the resolution of the Presidium of the Supreme Court of the Russian Federation dated August 10, 2005) (as amended on March 4, 2009) » 1.
Am I entitled to a disability pension if I was on maternity leave?
572 lawyers are now on the site Consult a lawyer online Ask a lawyer 572 lawyers are ready to answer now Answer in 15 minutes Hello! Tell me, she was hired at the plant on 08/22/1985 with a record in the work book of hazardous working conditions, she was fired on 11/21/1997, of which three years were on maternity leave Do I have the right to a disability pension? I received a refusal from the Pension Fund, what should I do?
4.1. Hello! No, it is not included. Only the time of actual completion of the work. 5. Are sick leave included in harmful work experience? 5.1. NO, sick leave is a certificate for release from work, and length of service is a period of time for a specific position.
January 12, 2021, 20:05, question No. 1498220 Nina, Orsk Free assessment of your situation
- expert
Dear Nina! With harmful working conditions Nina Which list did you work on?
Omsk Collapse Online legal consultation Reply on the website within 15 minutes Answers from lawyers (2) 18929 answers 6456 reviews expert Chat Free assessment of your situation Lawyer, Omsk
For 1 or 2? Do I have the right to a pension based on harmfulness? Nina Specify your profession and place of work, according to which List you worked. January 12, 2017, 20:10 0 0 362 responses 108 reviews Chat Free assessment of your situation Lawyer, Yekaterinburg Free assessment of your situation Good afternoon! Could you please clarify the reasons for the refusal from the Pension Fund of Russia?
And also what kind of grid you had for hazardous working conditions, since grids 1 and 2 have different deadlines for granting early retirement.
January 12, 2021, 20:28 0 0 All legal services in Moscow Best price guarantee - we negotiate with lawyers in every city on the best price.
Similar questions 30 March 2021, 22:52, question No. 1201893 17 February 2016, 18:50, question No. 1148084 12 February 2021, 17:57, question No. 1905633 08 June 2021, 08:48, question No. 1278176 07 July 2021, 21:15, question No. 1690093 See also
Is maternity leave included in the length of service in 2021?
Then the necessary information is displayed on the working time sheet, and maternity leave will be taken into account officially and will be included in the length of service. When clarifying this issue, you need to take into account some features for calculating the retirement age for certain categories of workers. Let's consider two main situations:
- The time spent on maternity leave when calculating the retirement age is included in the length of service in full. It does not matter whether the leave lasted until the child reached one year and five months or three years;
- when the retirement age is taken into account depending on the length of service of the employee, the calculation has its own characteristics. Thus, the retirement age for long service will include time spent on maternity leave until the child reaches one year and five months.
Should she make the most of the days available to her by law? Or you should get ready for work early to save up for a decent retirement! Maternity leave is a paid leave that is provided to a woman for the successful completion of pregnancy and further childbirth. Its duration is 140 days (on a general basis). In some cases, 156 days (if the birth was complicated) and 194 days (if two or more children were born at the same time). Maternity leave consists of 2 leaves:
- Maternity leave;
- Parental leave until the child is 1.5 years old.
A woman goes on maternity leave upon application and on the basis of a sick leave certificate, which is issued to her at a medical institution at the appropriate time. Is maternity leave included in the length of service? Until 06.10.92. Review of judicial practice of the Supreme Court of the Russian Federation for the second quarter of 2005. Calculation features Since 2015, points accrued both for periods of work and for parental leave after their birth are used to calculate pensions. 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. Again, no more than 6 years will be taken into account in the total amount. If it was an incomplete year, then the following coefficients are used for calculations:
- for each month - based on 1/12 of the coefficient for the full year;
- for each day - 1/360 of a year.
How to properly arrange child care time? Every employee leaving the workplace on maternity leave must promptly:
- Issue a certificate of incapacity for work.
Duration of maternity leave
Maternity leave is provided to an employee in the last months of pregnancy. Thanks to this, she can safely carry and give birth to a child. At the same time, she will not have to worry about fulfilling her duties at work. The duration of this vacation directly depends on several factors and is measured in days:
- 140 – if the birth of the child took place without complications for him and the mother;
- 156 – certain problems have arisen that require increased attention and care;
- 194 – if several children were born in the family at once.
You can go on maternity leave after filling out a special sick leave certificate, which will be prepared by the doctor in the antenatal clinic who is managing the pregnancy. It is recommended that Mommy obtain health insurance in advance. Thanks to this, the newsletter will be paid for in the future. The amount is fixed at 100% of the previously received salary. In this case, it does not matter at all how long she previously worked in a particular organization. Issues are regulated by Federal Law No. 255-FZ.
This is important to know: How long can you be on maternity leave?
People go on maternity leave after issuing a special sick leave certificate.
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.
Are sick leave and vacation included in harmful work experience?
Go
The common phrase “harmful length of service” today in the field of pensions is usually understood as the period of time when a person retiring worked in industries that are harmful and hazardous to health. Despite the fact that the concept seems to be quite simple, citizens have many questions about which professions are included in the “harmful experience” and how to calculate it correctly.
Harmful experience for retirement
Harmful work experience is taken into account by pension fund employees to determine the amount of monthly pension payments, bonuses and benefits for pensioners, and also allows a person working in harmful and dangerous industries to retire early.
Statistics show that more than 40 percent of Russian residents work in harmful and dangerous industries, performing work that threatens not only loss of health, but in some cases even life.
Despite this, people go to work in dangerous fields of activity, because in addition to early retirement, they are attracted by significant additional pension payments in the amount of 2 to 9 percent of basic accruals.
In Russia, this type of experience is regulated by the following legislative acts:
- Law “On Insurance Pensions” No. 400-FZ.
- Law “On Labor Pensions...” dated No. 173-FZ.
- Lists No. 1 and No. 2, which include a list of professions with hazardous conditions, working in which people can receive early retirement and additional payments.
- Decree of the Government of the Russian Federation “On lists...” dated No. 665.
In addition to the above documents, there are also additional lists of activities in specific professional industries, which also provide the opportunity to retire early.
What is harmful experience?
This concept is actively used in the pension funds of the Russian Federation in order to provide the future pensioner with a decent pension for the fact that he has worked for many years in dangerous or harmful conditions that threaten his health, as well as to allow him to retire early.
Males have the right to early retirement and additional payments if they have worked in those industries indicated in the first list for 10 years or more, and their total work experience is at least 20 years.
Female persons who have worked in industries included in the first list can retire early if their special work experience is 7.5 years and their total work experience is 15 years. In addition, it is worth noting that early retirement due to harmful work experience is permitted for males no earlier than 50 years of age, and for females no earlier than 45 years of age.
The second list, which is also given below, allows early retirement for male persons who have reached the age of 55 years if they have worked in the relevant position for 12.5 years, and their total experience is 25 years.
Female persons can retire early if they have worked in an industry included in the second list for 10 years, and their total experience is at least 20 years. In addition, the age of a woman who decides to take early retirement must be at least 50 years old.
Harmful work experience – 1st and 2nd list
It was said above that there are 2 lists that list areas of activity. By working in them for a certain time, a person deserves the right to receive a pension for harmful work experience, as well as the opportunity to retire earlier than employees in other industries.
The first list was compiled and approved back in 1991 by a resolution of the USSR Cabinet of Ministers; over time, types of activities were added to it, it was changed and supplemented. Today, there are two lists that people working in pension funds rely on when determining the amount of pension accruals and the possibility of early retirement.
Listed #1
lists all types of activities that are associated with particularly harmful and difficult working conditions. It lists those types of activities that are carried out in workshops (“hot”), underground, etc., which can seriously threaten not only the health of the person working in them, but also lead to his death.
On the list No. 2
a list of jobs and professions is listed, most of which, although they do not pose a danger to human health, also deserve retirement earlier than others.
Both lists contain types of activities with hazardous working conditions, which are carried out in such areas as:
- “hot” shops (this could be metallurgy, mechanical engineering, etc.);
- mines;
- printing;
- healthcare sector;
- logging;
- Russian Railways employees;
- nuclear industry;
- firefighters;
- geology;
- chemical industry;
- rescuers;
- mines;
- fleet;
- textile industry (mainly for women);
- paper production.
In addition to the two lists, there are also smaller lists covering professions in individual economic sectors. They are also regulated by law.
Is annual leave included in harmful service?
Resolution of the State Committee for Labor of the USSR, All-Union Central Council of Trade Unions dated No. 273/P-20 (hereinafter referred to as the Instructions):
Source: https://vseodome.club/prava-potrebitelya/raznoe-prava-potrebitelya/vhodit-li-vo-vrednyy-stazh-otpusk-i-bol-nichnye.html
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. On 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 maternity leave taken into account?
All employed women who are properly registered and expecting a child have the right to leave to prepare for childbirth and recover after it. This period of time is formalized as a period of incapacity for work for a certain period:
- seventy days before birth and seventy days after birth in a normal pregnancy;
- seventy days before childbirth and eighty-six after for difficult childbirth;
- eighty-four before and one hundred and ten days after birth in multiple pregnancies.
About the duration of the maternity leave.
Articles on the topic (click to view)
- Fine for late payment of vacation pay
- What to do with unused vacation
- What to do if your employer does not pay vacation pay
- How long after employment is vacation allowed?
- Accounting for compensation for unused vacation
- Dismissal while on maternity leave
- Notice of granting leave to an employee: sample 2021
And when exactly, in time, you can go on vacation is determined by the gynecologist with whom the woman is registered (this is the 30th week of pregnancy, and when expecting two or more babies, 28 weeks). Calculate your maternity leave date using the calculator.
Important! While a woman sits at home and prepares for future childbirth and motherhood, she retains her position, and the employer continues to pay insurance contributions to the pension fund.
Thus, maternity leave for pregnancy and subsequent childbirth is fully included in the employee’s length of service for pensions, insurance for sick leave and vacation pay for annual paid rest.
Moreover, this period is also taken into account in the preferential length of service for earlier retirement: medical, pedagogical, etc.
At the end of maternity leave, care for up to 3 years is formalized; here, not everything is so simple.
This part of maternity leave is included in the length of service for sick leave and pension calculation, but for the latter to a limited extent.
This period is not taken into account in the grace period and when calculating the vacation period.
Learn more about whether maternity leave is included in your work experience.
For annual holiday
Is maternity leave included in annual leave calculation? The periods included in the period giving the right to annual paid rest are prescribed in Article 121 of the Labor Code of the Russian Federation.
According to this article, the time when a woman is not at work, but is preparing for childbirth at home, is fully included in her vacation experience, since the employee retains her job. When calculating hours worked for annual paid leave, maternity leave for pregnancy is taken into account as if she were working.
Moreover, after returning to work after maternity leave, the employee has the right to write a written application for annual leave, and she cannot be refused, regardless of how long she has worked in full. Read more about providing annual leave after maternity leave in this article.
To calculate pension
Based on the law regulating the assignment of a pension, we can say that the length of service for calculating a pension in Russia includes periods of work and other activities during which insurance contributions were paid to the Pension Fund; maternity leave can also be included in these time periods.
While a woman is on sick leave, her place of work and position are retained, and the employer does not stop paying insurance payments to the Pension Fund for this employee.
Consequently, this period continues to count toward the length of service for calculating the old-age pension.
Useful video
We recommend watching a video where you can find answers to questions regarding accounting for maternity leave when calculating pension payments:
In preferential pedagogical and medical (length of service)
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
As you know, teachers and medical workers (doctors, nurses) have the right to early retirement if they have a certain amount of teaching (medical) experience.
When a woman has been on maternity leave one or more times, the question arises: is this time included in teaching experience or length of service?
Sick leave is fully covered by social insurance, and the employer himself pays insurance premiums for his employee. In accordance with the law, maternity leave is fully included in the preferential teaching experience, which makes it possible to apply for a pension earlier based on length of service.
The same cannot be said about the time spent caring for a child under 1.5 (up to 3 years). If the period of such leave falls before October 2, 1992, one and a half years for each child, but not more than four, are included in the teaching or medical experience.
After this date, child care is not included. When calculating the period of earlier retirement for length of service, these time intervals are excluded, but they are included in the total length of service for a pension within 4.5 years.
For sick leave
Very often, after a woman on maternity leave goes to work, she has to take out a sick leave certificate to care for a sick child, or she herself may get sick.
Here the question arises: is the time spent on maternity leave included in the insurance period for calculating sick leave payments?
Within the specified period, the woman does not terminate the employment contract, her position remains with her, and mandatory insurance contributions are paid.
Important! This maternity period is fully included in the insurance period and is also taken into account when calculating hospital benefits.
Useful video
We also suggest that you learn more about the topic of taking maternity leave into account when calculating disability in this video:
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, 2021, 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.
Is it taken into account for early retirement?
A certain group of Russians with a long work history have the right to receive a pension early - 2 years earlier than the established age for everyone. A similar preference is given to men who have worked for 42 years, and women - 37 years. But not all periods are taken into account when calculating length of service.
Within the framework of the Federal Law 400, Article 13, Part 9, to calculate length of service for early retirement, a set of the following stages is taken into account:
- official employment, or other stages during which contributions to the insurance pension were made;
- temporary disability, in which citizens receive benefits through compulsory social insurance.
The maternity stage falls under the second paragraph, since it relates to temporary disability. Therefore, maternity leave is counted in its entirety towards a woman’s 37-year benefit period. But the stages of caring for a child are no longer counted towards the length of service for early retirement, since they do not apply to any point. It turns out that the year and a half during which the mother takes care of the newborn baby falls out of the length of service that allows her to retire early.
Summary
- Is maternity leave in 1991 and 1996 included in the preferential medical pension?
- Is maternity leave of 1.6 years included in the preferential pension of a rural paramedic.
- Is maternity leave up to one and a half years included in the preferential pension period?
- Is maternity leave included from 01.06.1993 to 01.09. 1995 into a preferential pension.
- Is maternity leave of any year and month included in the teacher's preferential pension?
- Is maternity leave included in the preferential pension for a female military personnel?
- Is maternity leave from 2001 to 2004 included in the length of service when calculating a preferential pension?
- Is maternity leave included in the length of service?
- Is maternity leave included in the benefit?
- Maternity leave is included in retirement
- Are maternity leave included in the preferential period?
- Is maternity leave included in the benefit period?
Preferential pension for doctors from 2021 (latest news)
The pension reform from 2021 also affects medical workers - for them, the new law No. 350-FZ of 03.10.2018 provides for the introduction of a deferment period for receiving a preferential pension for long service. The amount of this deferment will increase annually , and the final standards will be established in 2023 and will amount to 5 years . This means that those doctors who complete the required preferential service in 2023 and later will be able to become pensioners only after 5 years, i.e. in 2028, etc. The main condition for preferential retirement of medical workers (doctors, nurses , midwives, etc.) is the presence of the necessary medical experience - 25 or 30 years, depending on the area in which the doctor works. With the implementation of the pension reform, these standards will not change , just as the rules for calculating special length of service and the list of medical positions will not be adjusted.
In 2021, in connection with the pension reform, preferential retirement for doctors will not be cancelled , however, an additional condition will be provided for obtaining pensioner status - a delay of several years before applying for a pension. After the end of the transition period of the reform (starting from 2023), doctors will be able to become pensioners only 5 years after completing the required length of service (see the schedule of retirement of health workers by year).
- Surgical departments, hospitals, burns, oncology, orthopedic, otolaryngological, microsurgical departments as:
- operating medical specialists of any profile, including medical directors;
- operating rooms med. nurses (including elders), midwives (including elders), honey. nurses in purulent surgery, trauma, burn and other departments.
- Departments (mobile ambulance teams, wards, groups) of anesthesiology-reanimation, resuscitation and intensive care, namely:
- anesthesiologists, resuscitators (including heads);
- honey. ward sisters, including senior ones;
- honey. nurse anesthetists.
- Bureau court. honey. examinations, central courts. honey. examinations, court. honey. laboratories, etc. as:
- forensic doctors, including heads;
- average med. personnel involved in forensic autopsies and research;
- Pathological and anatomical departments, namely:
- pathologists, including heads;
- average med. staff and others.