Maternity leave: is it included in the length of service for calculating a pension?

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.

What is maternity leave and what is its duration?

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

The decree is divided into two stages:

Stage 1 – rest during pregnancy and childbirth. They go there on the basis of a sick leave certificate. Since the woman has health insurance, sick leave is paid in full, regardless of length of service.

Stage 2 - parental leave upon reaching 1.5 years of age - begins after the end of the sick leave (upon application).

Important! The maternity leave is assigned by the employer, according to the sick leave certificate provided by the pregnant employee. Therefore, he is included in the insurance period and is considered a worker included in the length of service.

Available for a maximum of three years. Despite this, a woman can go to work earlier, but she must write a corresponding statement to the employer. This vacation is divided into two equal parts. The first is partially paid, and the second is at the discretion of the employer.

Categories receiving maternity benefits:

1. Officially employed persons;
2. Women studying in the employment service;
3. Full-time students;
4. Persons liable for military service in a civilian position.

Maternity leave and duration of employment

To understand how maternity leave will affect pension payments in the future, you need to understand the concept of “experience”. Based on qualitative and quantitative characteristics, the following types of experience can be distinguished:

• general labor (until 2002);
• insurance;
• special (preferential, northern, civil service experience).

Insurance

Insurance experience according to Art. 11 of Law N 400-FZ recognizes a period of time that includes periods of working activity when insurance contributions to the Pension Fund of the Russian Federation were calculated and paid, as well as non-insurance periods (the period of military service, childcare for a young child, a disabled child, etc.).

Maternity leave is granted to a pregnant woman on the basis of a certificate of incapacity for work issued by a doctor at the antenatal clinic. Sick leave is paid in accordance with Art. 11 of the Federal Law “On compulsory social insurance in case of temporary disability and in connection with maternity” dated December 29, 2006 N 255-FZ in full.

According to Article 12 of Law N 400-FZ, the insurance period includes the period when a woman is on maternity leave for pregnancy and childbirth, as well as one and a half years of leave to look after a young child.

Parental leave affects the pension, provided that there was work activity before or after this period. It should be noted that if care is provided for a disabled child, then this period is counted towards the insurance period in full.

General labor

Total length of service means the total duration of work activity until 2002 (regardless of the number and duration of breaks) and the periods specified in the legislation.

Having a certain number of years of total experience is an additional condition for granting a pension on preferential terms.

Total experience includes:

• any work for hire (as a worker or employee);
• any other work where the employee was covered by state social insurance;
• creative activity;
• individual activity;
• military and equivalent service;
• period of paid work for convicts;
• the period of employment in paid public works for unemployed people with official status;
• employment under civil law agreements;
• socially useful activities (study, caring for the disabled, caring for children under three (one and a half) years old, the period of office of a State Duma deputy, residence of military spouses where there were no conditions for their employment, period of stay in places of imprisonment for more than the established period, time of payment of benefits on unemployment.

The total length of service is calculated as the sum of all specified periods. For more details, see the memo from the Pension Fund.

Being on maternity leave until 2002 was included in the total length of service, as was the period of child care, but the number of years was counted differently:

• Until January 1, 2002, the length of service included 70 days before the birth of a child and 3 years of maternity leave to look after the baby, a maximum of 9 years in total. This was established in paragraph “c” of Art. 93 of the now repealed Law of the Russian Federation of November 20, 1990 No. 340-1 “On state pensions in the Russian Federation.”
• After 02/01/2002, only 1.5 years began to be counted as length of service. Moreover, before January 1, 2014, the total time spent caring for all children for calculating the pension could be 3 years, after - 4.5 years (Article 12 of the Federal Law of December 17, 2001 No. 173-FZ “On Labor Pensions” in different editions).

Now, from January 1, 2015, this period has been extended to 6 years, as we wrote about above.

The position of the Constitutional Court is that when calculating the length of service, the period of caring for a minor child should be taken into account to the extent in accordance with the legislation in force at the time of such leave.

That is, if parental leave was taken out before 01/01/2002, PF specialists will add 3 years to the length of service when applying for a pension. In the case where the decree was issued after 01/01/2002, one and a half years will be added.

Preferential pension payments

A preferential pension is assigned according to special length of service. This concept means the total duration of work activity in certain areas, professions, and specific areas. When determining the possibility of retirement by age on preferential terms (special working conditions and work in the Far North), the period of special service is of primary importance.

The calculation of preferential pensions is regulated by Decree of the Government of the Russian Federation dated July 11, 2002 No. 516 “On approval of the Rules for calculating periods of work giving the right to early assignment of an old-age labor pension in accordance with Articles 27 and 28 of the Federal Law “On Labor Pensions in the Russian Federation”.

According to this document, the period of receiving state social insurance benefits during temporary disability is included in the length of service, which gives the right to receive an old-age pension early. That is, the period of sick leave for pregnancy and childbirth is counted towards special work experience. There is a special clarification from the Ministry of Labor on this issue.

Parental leave is a little more complicated. If the leave was taken out before October 6, 1992, then three years are added to the preferential length of service. An application submitted after October 6, 1992 will not increase the indicator.

Civil service

Civil service experience refers to the period when a civil servant held positions in the civil service system of the Russian Federation.

All issues related to the nuances of assigning pensions to civil servants are regulated by the Law “On state pension provision in the Russian Federation” dated December 15, 2001 No. 166-FZ, as well as the Law of the Russian Federation dated February 12, 1993 N 4468-1 “On pension provision for persons undergoing military service, service in internal affairs bodies, the State Fire Service, agencies for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, troops of the National Guard of the Russian Federation, and their families.”

Leave issued in accordance with the certificate of incapacity for work for pregnancy and childbirth will be included in the special length of service. The period of caring for a child will not be included in the length of service for granting a pension as a civil servant.

Work in the Far North

In the northern work experience, sick leave for pregnancy and childbirth is taken into account.

With regard to parental leave, the answer is given by the resolution of the plenum of the Supreme Russian Court of December 11, 2012 No. 30. In paragraph 27 of this resolution it is determined that, regardless of when the woman applied for an early pension, the question of inclusion in the leave record Child care needs to be decided as follows:

• If the maternity leave was issued before October 6, 1992, then three years are subject to enrollment in both the insurance period and the northern period of service.
• issued after October 6, 1992 is included only in the total length of service, that is, insurance according to the current terminology. It is not included in the northern experience.

According to Art. 32 of Law N 400-FZ, a woman who has given birth to two or more children and has worked in the Far North for 12 or more years (with an insurance period of at least 20 years) has the right to early retirement at the age of 50.

What is work experience

This is labor or other socially useful activity that lasts for a certain period established in the Labor Code of the Russian Federation. Work activity is the basis for receiving a pension, vacation pay, temporary disability benefits, and receiving wages.

What periods are included in the length of service:

• Period of professional activity.
• The period during which a woman is on maternity leave.
• Studying at a university and serving in the armed forces.

According to the Labor Code, length of service includes the period when there is an official working relationship between the employer and the employee (starts from the moment the hiring order is signed).

Suspension of the working period is considered the moment of termination of the contract between the employee and the employer. The legislation provides for the time when the length of service is considered continuous if the citizen has not entered into an employment relationship.

Is maternity leave included in seniority?

Starting from 2007, maternity leave began to be included in the length of service for calculating pensions, but not for the entire period.

Incoming periods:

1. All maternity leave is included.
2. The time spent caring for a child is only up to one and a half years; the remaining 1.5 years are not included in the working life for calculating the pension.

Important! In total, the length of service should not exceed six years, this means that maternity leave is taken into account only for 4 children (one and a half years for each). All subsequent ones will not be included in the general period.

Expert opinion

Nikishina Anastasia Yurievna

General Director of the law firm Pravo Consult. More details

Note! According to current legislation, the period of care of one of the parents for a child until he reaches the age of one and a half years, but not more than six years in total, is included in the insurance period.

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: Reduction after maternity leave: calculation of payments

People go on maternity leave after issuing a special sick leave certificate.

Is maternity leave included in the pension period?

The procedure for calculating pension length for women is no different from that for men. The working period includes rest during pregnancy and childbirth. These include additional rest provided by the state to protect motherhood and childhood.

First you need to distinguish between two concepts:

1. Period of temporary disability due to pregnancy and childbirth.
2. Exemption from the need to engage in labor activity in connection with caring for a child until he reaches 1.5 or 3 years of age.

In the first case, the maternity leave is fully included in the length of service. The second one is turned on only for 1.5 years.

When determining the right to a pension in connection with teaching activities, only maternity leave for up to 1.5 years, which the woman received before 06.10.1992, is taken into account. When going on maternity leave at a later period, it is not counted towards the special length of service for receiving an early pension.

The period during which a female soldier was on maternity leave is included in the total duration of military service and is counted as length of service. For commercial enterprises, length of service takes into account maternity leave under general conditions.

Calculation of length of service taking into account maternity leave

When making calculations, rely on Act No. 91 of 2007.

Experience is calculated in days, months, years and is determined by the conditions of activity. Persons working in unhealthy, dangerous, difficult conditions receive benefits and can retire earlier. The calculation rules for determining the amount of benefits are Act No. 91 of 2007. It says:

1. The insurance period includes the entire period of deduction of contributions. Maternity leave on this basis is included in the calculation.
2. If a woman takes exemption to care for a minor (up to 4 and a half years), only the first year and 6 months are paid and counted.
3. This time does not apply to preferential length of service, only to general labor service, and gives the right to receive an old-age pension.
4. Child care time is included in special length of service only if the birth took place before October 6, 1992. The sick leave was issued not in October, but in April; they will count not 5 months, but the allotted year and a half. Time must be taken into account regardless of whether the woman previously worked in this specialty or not.

Is maternity leave included in the general insurance period?

Exemption for pregnancy and childbirth is fully included in the total insurance period. And for childcare, only the first year and a half gives the right to receive an old-age pension. Confirmation of the fact of transfers is the provision of maternity benefits, compulsory medical insurance policy (as part of pension insurance).

The insurance period of work is defined by Article 11 No. 173 of the Federal Law “On Labor Pensions” as the time of human activity in various fields. Since parental leave can be granted not only to the mother, but also to any other officially registered relative of the family, this will be considered for him.

By Order of the Ministry of Health No. 91 of 2007, sick leave is paid for the entire period of incapacity for work during which the citizen was considered insured. From January 1, 2021, care leave has been extended until the child turns four and a half years old, but one and a half years will be paid and counted.

What is maternity leave, what does it include and how long does it last?

The duration of release from work depends on a number of nuances.

In law, maternity leave is a leave consisting of two parts: for pregnancy and childbirth, for caring for a child under 3 years of age. Such release from work is issued, benefits are paid on the basis of Part 1 of Article 255 of the Labor Code of the Russian Federation at the request of the employee, a certificate of incapacity for work.

Duration is calculated in calendar days excluding weekends and holidays. The woman chooses the date of departure, indicates it herself, it may not coincide with the day the sick leave is opened. Before maternity leave, the pregnant woman is paid wages, benefits are not accrued.

Release occurs at the 30th week from the day of conception when carrying one child. In case of multiple pregnancy (twins or more) - at the 28th week. Women affected by the Chernobyl accident go on vacation at 27 weeks of pregnancy.

Important! If childbirth occurs between 22 and 30 weeks, the newsletter is issued on the day of birth for the entire due date.

When determining the duration of exemption for pregnancy and childbirth, it is taken into account how the birth proceeded, how many babies the woman gave birth to, and living conditions. The following duration in calendar days is established:

• 140 days - childbirth passed without complications;
• 156 days – there were complications;
• 194 days – birth of several babies;
• 70 days – adoption of a child;
• 110 days – adoption of several babies.

Attention! If the conditions for early registration at the antenatal clinic are met (before 12 weeks of pregnancy), an additional lump sum payment is due (in the amount of 6,113 rubles). To obtain it, you need two certificates: on pregnancy and childbirth, on registration with the antenatal clinic.

If the newborn died within 6 days, sick leave is issued for 21 days, the first week - by the medical institution, then the employer has the right to extend it so that the woman has the opportunity to improve her health.

If the expectant mother goes on maternity leave one after another, the job is retained until the first child turns 3 years old.

For the unemployed

The time when a woman was registered for unemployment, as well as the period until the child turned one and a half years old, caring for a disabled person of the first group and an elderly person over 80 years old is taken into account when assigning a pension, regardless of whether they were recorded before or after unemployment.

This time does not apply to preferential length of service. Persons receiving unemployment benefits have the right to include this time in their work experience, but without increasing the size of their future pension. They are given a certificate for counting.

The procedure for obtaining work experience for pregnant women

It happens that not every employer will be willing to respect the legality of a woman’s rights. And not everyone will hire her if she has no children and is young. After all, they understand perfectly well that maternity leave time will have to be allocated according to the law, and someone else will have to work.

Many employers are not going to talk about the fact that there are several features that will affect the overall picture. Namely:

1. The maternity leave provided cannot be reduced. All days that are prescribed to a person must be spent outside the workplace. Many entrepreneurs boldly violate this law, because downtime is not beneficial for them. They call a person even a day earlier, as long as she starts working. For this, you can be asked to pay cash benefits.
2. The amount of the monthly payment should be based on the average salary that the girl received. That is, the entire working period is traced and a specific amount is determined.
3. A girl can easily work several hours a day if she agrees to it. At the same time, benefits and wages are paid in the amount that she deserves.
4. If a second child is born, the first leave sheet is closed and the second one is opened. In this case, it is prohibited to fire a person or move him from his official position.

To avoid possible problems and difficulties regarding the inclusion of maternity leave in the work experience, a woman should approach the process of registering a maternity leave with knowledge of the matter, completing the established measures in a timely manner.

First of all, you need to obtain a certificate of incapacity for work as early as possible, preferably immediately after confirming the fact of pregnancy. Employees of the maternity hospital, antenatal clinic and a number of other medical institutions have the authority to issue these documents.

Special attention should be paid to the preparation of an application, which the pregnant woman must submit to the manager or other authorized person. This document is written in the name of the employer and drawn up in the HR department. The latter's employees, if necessary, will help with the preparation of the application. In general, there are no super-complex requirements for it. The main thing is to clearly formulate the reason for the vacation and correctly determine the duration.

The timing of maternity leave is set taking into account the characteristics of pregnancy and other important points, determined individually for a specific situation. Typically, leave is given from 28-30 weeks of pregnancy, and this is noted on the certificate of incapacity for work.

Additionally, a second application is drawn up requesting the provision of the required financial assistance. Along with this application, a sick leave certificate is submitted, as well as a certificate obtained from the antenatal clinic.

At the end of the document, the date of preparation is usually indicated, and the paper itself is certified by the signature of the applicant.

It is important to understand that women have the right to receive paid and guaranteed maternity leave only in the case of official employment and with an employment contract.

After completing maternity leave, the parent can take additional leave to care for the child until the latter reaches 1.5-3 years of age. In this case, not only the mother, but also the father, as well as other guardians of the child who are actually caring for him, have the right to receive it.

How is maternity leave counted?

The procedure for calculating the period that will be included in the length of service is established by Order of the Ministry of Health and Social Development of Russia No. 91 dated 02/06/2007. Based on the provisions of this act, the following norms were adopted:

• when calculating work periods, a month is taken to be equal to 30 days, and a year to 12 months;
• if the periods of leave to care for several children coincide, the dates at the request of the employee are counted;

• records of experience are entered on the basis of the work book data or replacement documents in its absence: certificates from the employer, archival extracts, payment calculations, etc.;
• in the absence of supporting documentation, length of service is accrued on the basis of a court decision based on evidence, in particular, witness testimony;
• if the submitted papers do not contain the dates of appointment to a position and going on maternity leave, then July 1 of the year is taken into account; if the date of the month is not indicated, the middle of the period, the 15th, is taken as a basis.

To go on leave and receive payments, a maternity leaver must take a certificate from the antenatal clinic and send an application to the employer.

After the birth of children, in order to calculate payments from the enterprise or social authorities, you should contact the institutions and provide a birth certificate from the registry office.

Additionally, a certificate from the place of employment of the second parent is attached stating that he does not receive payments or benefits at the expense of the Social Insurance Fund of the Russian Federation in connection with the birth of the baby.

If a woman in labor does not have permanent employment, then the amount of financial support for the period of child care is established by the state.

Social services monitor compliance with labor rights during pregnancy. 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.

Does maternity leave count toward pension calculation?

Funds received by pensioners are determined taking into account maternity benefits when calculating pensions. After the child turns one and a half years old, if the mother does not go to work, she goes on leave without pay. At this time, the Social Insurance Fund or the employer pays her a symbolic amount monthly.

As already mentioned, this period will be counted towards the total length of service, but since there will be no contributions to the Pension Fund, such length of service will not play any role in the pension, at least it will not be reflected in its amount.

To calculate a preferential pension

Only persons whose positions are included in the list approved by the Government have the right to apply for preferential pension payments. Innovations in 1992 stipulated that maternity leave is not included in the preferential pension period. And so people who are interested in whether a child’s work experience of up to 3 years is suitable can rely solely on the total work experience.

In public service

The situation is similar with civil servants. The three-year period will count toward the total length of service, but only the vacation period of up to 1.5 years for the baby will be counted toward the length of service of a civil servant. A maternity leaver is exempt from work and is considered to be temporarily disabled due to maternity.

In the northern experience

Documents for maternity leave

Expert opinion

Nikishina Anastasia Yurievna

General Director of the law firm Pravo Consult. More details

The Russian Federation has an indicative form of law, therefore, in the absence of an official request from a citizen (application) for the provision of a service, it will not be provided to him.

Algorithm for processing documents and obtaining leave:

1. Collection of necessary documents.
2. Writing an application.

Documentation:

• a medical report from a doctor from the residential complex, which indicates the date of application and registration;
• a sick leave certificate issued by a gynecologist, it must contain information about the date of birth;
• if a woman worked at several enterprises - a certificate from each of them indicating the amount of wages;

After all the papers have been collected, a statement is written, which should contain a request for leave for a certain number of days.

Expert opinion

Nikishina Anastasia Yurievna

General Director of the law firm Pravo Consult. More details

Since maternity payments are state assistance, therefore, in order to receive benefits, it is extremely important not only to collect all the documents, but also to make sure that they are completed correctly.