Is maternity leave included in teaching experience and how does maternity leave affect the long-service pension?

Women who will soon become mothers are concerned about the question: will maternity leave be included in their work experience? This problem is especially relevant for workers in the teaching field, since wages and pension payments depend on this, as well as the possibility of advanced training and early retirement.

Let's consider current information on the question: is maternity leave included in teaching experience, and determine in which cases parental leave is included in the experience and in which it is not.

General insurance experience of a teacher

The total insurance period is needed to determine whether a person has earned the right to old-age benefits. Moreover, it is needed both for assigning a pension on a general basis, and for early reasons. General grounds are reaching the age of 60 years for men and 55 years for women .

For general purposes, you need at least five years of insurance experience. Early grounds are the appointment of pensions in connection with harmful working conditions, as well as when working in a number of professions (for example, doctors, teachers, professional rescuers, etc.). For each reason, a special insurance period of a certain duration is required, which will be discussed below.

Maternity leave is included in the total insurance period on the basis of subclause. 2 p 1 tbsp. 11 Federal Law “On Labor Pensions”. And although this subparagraph literally states that the insurance period, along with periods of work and (or) other activities, includes “the period of receiving state social insurance benefits during a period of temporary disability,” and pregnancy and childbirth and temporary disability are different events in a person’s life, Maternity leave is still included based on the practice of the Pension Fund of the Russian Federation.

Parental leave is included in the total insurance period, but not all, and it is not always possible to include leave to care for all children. This follows from paragraph. 3 p. 1 art. 11 of the Federal Law “On Labor Pensions”, which talks about the period of care of one of the parents for each child until he reaches the age of one and a half years, but not more than three years in total.

1. Firstly, we are talking only about parents, and not about other relatives who are actually caring for them.
2. Secondly, this period will be counted towards the length of service for only one of them, and if part of the time off was used by the child’s mother, and part by the father, then each of them should be credited with their own part.
3. Thirdly, not all of the leave is counted; it is limited to the maximum limit - until the child reaches one and a half years old.
4. If the employee cared for several children, then a total of no more than three years will be counted.

Availability of the right to include maternity leave in the preferential length of service

If a woman working in the teaching field went on maternity leave before the established date or even ended it, then she can count on its inclusion in the preferential length of service. This fact must be taken into account when determining the time of retirement, assigning qualifications or determining the amount of wages.

If the former teacher has already retired due to old age, but government bodies for specific reasons did not take into account periods of maternity leave, despite the rights of their owner, you must once again contact the Pension Fund (the unit located at the place of registration).

It is recommended that the appeal be submitted in writing, since it is a direct basis for re-calculating pension payments. Naturally, with increasing teaching experience, they will also increase in size.

In practice, government agencies often delay the process or refuse to take into account the period of maternity leave. To protect their own rights and interests, the former teacher is recommended to go to court with a complaint against the actions of the authorized bodies. It can be accompanied by a refusal to include maternity leave in the preferential length of service.

17.12.2019
• Published by: expert123.ru
• Category: Pedagogical activities

Work experience as a teacher

Work experience in a specialty or special insurance experience is provided for in Art. 27 and 28 of the Federal Law “On Labor Pensions”, which establish various early grounds for payments.

Maternity leave is included in the special insurance period based on the clarification of the Ministry of Labor and Social Development of the Russian Federation and the Pension Fund of the Russian Federation . It is contained in the joint letter of these bodies dated November 4, 2002 No. 7392-YuL/LC-25-25/10067 (not a normative legal act).

The Ministry of Labor and the Pension Fund of the Russian Federation explained that Art. 27 and 28 of the Federal Law “On Labor Pensions” are implemented through resolutions of the Government of the Russian Federation and other by-laws. The Government of the Russian Federation, by its Resolution No. 516 dated July 11, 2002, approved the “Rules for calculating periods of work giving the right to early assignment of an old-age pension in accordance with Art. 27 and 28 Federal Law “On Labor Pensions in the Russian Federation”.

According to clause 5 of the “Rules”, the length of service that gives the right to early assignment of old-age payments for workers who are constantly employed full-time in this work includes periods of receiving state social insurance benefits during the period of temporary disability, as well as periods of annual paid leave, including additional ones.

Strictly speaking, maternity leave does not apply to temporary disability or annual paid leave. The Ministry of Labor and the Pension Fund of the Russian Federation made one assumption in their letter in favor of workers, based on the fact that maternity leave is granted on the basis of a temporary disability certificate.

Therefore, they explained that maternity leave should be considered as a period of receiving maternity benefits during a period of temporary disability and should be included in the length of service that gives the right to early assignment of an old-age pension in accordance with Art. 27 and 28 Federal Law “On Labor Pensions in the Russian Federation”.

The Supreme Court of the Russian Federation also came to the conclusion that the period of maternity leave was included in the special insurance period (see paragraph 26 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 11, 2012 No. 30).

Parental leave is included in the special insurance period, but only if it took place before October 6, 1992 (i.e. before the entry into force of the Law of the Russian Federation of September 25, 1992 No. 3543-1, with the adoption of which the named rest is no longer included in the special work experience in the case of a pension on preferential terms).

This explanation was given by the Supreme Court of the Russian Federation in paragraph 15 of the Resolution of the Plenum of December 20, 2005 No. 25 “On some issues that arose in the courts when considering cases related to the exercise by citizens of the right to labor pensions” (Rossiyskaya Gazeta. 2005. No. 294. December 29) and in paragraph 27 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 11, 2012 No. 30.

If this condition is met, then parental leave must be included in the length of service in the specialty, regardless of the time the woman applied for benefits, regardless of the time the right to early assignment of old-age payments arose, and also regardless of the end date, if it began earlier October 6, 1992

Rules for including rest time in length of service

Several basic rules have been established - they must be followed in order to correctly calculate teaching experience.

Three rules according to which the childcare period can be included in the teaching experience:

• Leave granted to a woman in connection with pregnancy (childbirth) is always included. When exactly such leave was granted does not matter,
• the period during which the woman cared for her baby can also be included, but provided that such rest was provided before a certain date - before October 6, 1992. Even when the period of rest provided continued after this date, it can also be taken into account calculation,
• any additional It is prohibited to set conditions for counting vacation as part of the length of service. However, before the employee was granted leave, she had to work. Leave will not be granted without previous work.

The period when the mother cares for the baby is subject to inclusion in preferential conditions and is taken into account when assigning a pension.

Important! It is necessary to distinguish between two different periods: maternity leave and time provided to the employee to be able to care for children. Maternity leave is definitely included in the length of service; as for the next 1.5 years, they are included in the grace period only on the condition that the employer provided the woman with appropriate rest before October 6, 1992.

The introduction of such changes is justified by the fact that before the specified period, Article 165 of the Labor Code was in force.

The period of child care before the designated date is subject to inclusion in the length of service, therefore, contributes to the receipt of preferential payments.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Continuous work experience of a teacher

Continuous work experience (hereinafter referred to as “NTS”) was important for determining the amount of temporary disability benefits until January 1, 2007. From January 1, 2007, according to Art. 7 Federal Law “On compulsory social insurance in case of temporary disability and in connection with maternity” dated December 29, 2006 No. 255-FZ NTS no longer matters for determining the amount of the specified benefit.

The insurance period, which includes periods of work and other activities, is important; the rules for calculating and confirming the insurance period for paying sick leave are approved by the Government of the Russian Federation.

The NTS will continue to be applied when determining the right to receive various types of additional payments and salary supplements. The latter can be established both by departmental regulations, and by the employer himself in a local regulation, or by the parties to the social partnership in a collective agreement.

For example, by order of the Federal Penitentiary Service of Russia, the “Instructions on the procedure, conditions and amounts of incentive payments applied to civilian personnel of the penal system” were approved. The instructions provide for the procedure for calculating the NTS for the purpose of assigning a percentage increase to wages to employees. According to clause 14.1 of this instruction, employees’ NTS counts the time spent caring for a child until he or she reaches the age of 3 years .

Additional Information

If a woman immediately goes on a second one after her first maternity leave, her job is retained and her length of service remains uninterrupted. An employer does not have the right to dismiss an employee who is on vacation if her child is under three years old. In this case, there is legislative protection.

The article explains whether maternity leave is included in teaching experience based on length of service and explains the nuances of calculating length of service.

Duration of teacher's maternity leave

A teacher's maternity leave is calculated as follows: 70 days before birth + 70 days after birth . If two or more babies were born - 94 days . If the birth was complex and occurred prematurely, then the mother has the right to take 156 days of rest . Before giving birth, you are required to take 84 days off, and 110 days in the postpartum period .

The law allows for days off to care for a child; financial support will depend on the age of the child (one and a half or three years).

a vacation of 140 (194) days . Upon completion, the teacher can begin working. Subsequent leave to care for a child is allowed to be taken by either parent or other relatives who will care for the child.

When does the baby care period begin?

You can “stay” at home with your kids until they are three years old.
The HR specialist indicates two periods in the work book: maternity leave and rest for childcare. If a woman “sits” at home for up to three years, then the first year and a half is paid for by the organization. Therefore, the period is taken into account. The next year and a half are not paid, therefore they do not play a role in determining the pension. So, the time spent caring for children before they reach the age of one and a half years plays a role in pensions. The period of childcare does not matter when determining pension payments.

Is it necessary to inform the director of the educational institution in advance about the upcoming departure?

If you are concerned about the ethical side of the issue of ensuring that the administration of the educational institution has time to find a replacement for the period of absence, then, if you wish, you can inform the management of the news in advance. It is recommended to notify your superiors that you are expecting a baby after 12 weeks of pregnancy. The risk of miscarriage at this stage is reduced.

If you do not want to report an “interesting” situation in advance, this will not result in any penalties.

Until this moment, the teacher must register for pregnancy at a antenatal clinic or other medical institution, and also undergo a full examination. Timely registration is paid for: an expectant mother who visited the clinic before the 12th week of pregnancy is entitled to an allowance. In 2021 it is 628.47 rubles.

You must apply for money within six months after the end of the maternity leave (Article 17.2 No. 81-FZ) . However, according to established practice, it is usually accrued and paid simultaneously with payment of sick leave. To receive money, you need a corresponding certificate from a medical institution and a free-form application addressed to the head of the organization with a request to pay the benefit.

Set of documents for teacher's maternity leave

The expectant mother should worry in advance about completing the package of documents that will be required for maternity leave. Maternity leave for the teacher will be provided by the educational institution in which the teacher works, but you should worry about accruing money on time yourself.

The set of documents according to which maternity payments are made includes:

• application from a teacher claiming appropriate payments;
• sick leave from the clinic where the teacher is registered for pregnancy;
• salary certificate for the previous two-year period (provided if the woman was working in other organizations at that time).

Documents must be submitted to the HR department.

The legislation determines the period of maternity payments - 10 calendar days. The period begins on the date of submission of the relevant application. The educational institution where the teacher works has the right to make payments on the next salary day. The start of maternity leave occurs at the 30th week for a singleton pregnancy, and the 28th week for a multiple pregnancy .

Summary

In theory, everything sounds smooth, but in practice the situation is completely different. The maternity leave is counted by employees of the pension department.

But then problems arise. The periods before October 6, 1992 are still somehow included, and then there are refusals.

Officials refuse to include a period of “staying” at home, so the employee remains without benefits. For this reason, teaching staff have to defend their rights through the courts.

If you encounter problems when assigning a pension, do not give up. Ask for a written refusal and prepare a statement of claim.

Home » Labor Law » Is maternity leave included in teaching experience?

Combining annual and maternity leave

According to current labor legislation, an employee is prohibited from using different types of leave at the same time. Based on the norms of Art. 122 of the Labor Code of the Russian Federation, a teacher can take out annual leave no earlier than six months after initial employment. After this period - at any time according to the schedule.

If a woman plans to go on maternity leave, there are two options:

• All vacation not taken off is granted until the start of maternity leave.
• The due days of rest will be available after the end of the maternity leave.

Important! If an employee is pregnant, she can take rest at any convenient time: the duration of service with the current employer is not taken into account (Article 260 of the Labor Code of the Russian Federation).

The first option is the most popular, because in this case you can stop working a little earlier, which is very important for expectant mothers whose pregnancy is difficult. And this is beneficial for personnel officers, since there are no difficulties with calculation and payment.

In the second case, the imposition of leaves occurs, because after the end of sick leave, a woman has the right to take leave to care for a child up to 1.5 or 3 years old (as it is convenient for her). If it is necessary to take another vacation after the end of the sick leave, then the mother will be able to take care of the baby only after it ends.

Most often, this option is chosen by teachers who plan to return to work without waiting until the child is one and a half years old. In this case, parental leave is taken out by another family member (for example, husband, grandmother, sister, etc.).

What documents will need to be completed?

To go on annual paid leave, you must write an application addressed to the director of the organization. A sample of such a document will be provided to you by the HR department.

You will also have to write an application for registration, but you will need to attach a number of supporting documents to it. The fact is that such leave is accompanied by the payment of benefits in the amount of 40% of earnings for the previous 2 years. To receive it until the child is one and a half years old, you will need:

• child's birth certificate;
• a certificate from his father’s place of work stating that he does not take appropriate leave and did not write an application for benefits.

Monthly payments will be made until the child reaches the age of one and a half years.

If the teacher plans to be on maternity leave until the child reaches the age of three, you must come to the personnel department of the educational institution and write a corresponding application. It should be borne in mind that you will no longer have to count on government support. There is a benefit from the employer for a child under 3 years old, but its size is depressingly small - only 50 rubles. (Decree of the President of the Russian Federation dated May 30, 1994 No. 1110 ).

Teacher's maternity leave and teaching experience

According to Art. 256 of the Labor Code of the Russian Federation provides leave to care for a child until he reaches the age of three years in a declarative nature. The corresponding period is included in the total and continuous work experience, as well as in the work experience in the specialty.

When teachers go on early retirement, as required by law, the period of child care is not included in the length of service for a preferential pension (Federal Law of 2002). It is possible to protect this period of service on a preferential pension in court.

Thus, parental leave is included in the calculation of the total length of work and teaching experience, but is not included in the preferential length of service for retirement based on the length of service of a teacher. However, the first leave received by a teacher in connection with pregnancy and after the birth of a child in the amount of 140 calendar days is included in the preferential length of service.

Is time on maternity leave included in length of service?

The dilemma of whether to take care of children or build a career faces every mother. The decision often depends on whether the employee’s maternity leave is included in her seniority of teaching experience. The answer to the question determines the decision to use the vacation in full or not. Therefore, having learned the answer, you can decide to continue taking care of children or to begin your job duties as soon as possible.

Working conditions for teachers when returning from maternity leave

At the end of the leave granted in connection with the birth of the baby, the teacher has the right to demand the same working conditions as before the rest (number of hours, office, class management). However, if a teacher wants to reduce the workload, he can submit a corresponding application to the administration of the educational institution.

According to the norms of the law contained in the Procedure for Certification of Pedagogical Workers of State and Municipal Educational Institutions, approved by Order of the Ministry of Education and Science of the Russian Federation dated March 24, 2010 No. 209, from 01/01/2011 (Section III, clause 18) the following cannot be certified:

• teachers holding a position for less than two years;
• pregnant women; women staying at home due to pregnancy and childbirth; teaching staff who are on parental leave until the child reaches the age of 3 years. This category of persons can be certified only after 2 years from the end date of the corresponding time off.

Important! If a teacher needs to undergo certification for advanced training (to obtain the first or highest category), he can declare his desire while on social leave. In this case, the administration of the educational institution is obliged to provide the teacher with all possible assistance.

What is maternity leave and is it included in teaching experience?

Maternity leave is a type of paid leave provided to an employee in connection with pregnancy and childbirth. Consideration of the topic of whether maternity leave is included in teaching experience is relevant, since it allows employees of the teaching field to retire earlier into old age.

Teaching experience is a special type of employee’s work experience. It is the total duration of work in positions directly related to the educational process.

Periods of teaching experience

Legislation

What kind of job is suitable?

The work of a teacher includes a whole list of positions in this area.

Notice! The list includes not only the direct activities of the teacher, but also work that involves performing similar duties.

Here are seven main areas of work that are legally required to be included in teaching experience:

• work of teachers in primary classes,
• work in various institutions with children who need medical, psychological or social support,
• performing duties for raising children in health care institutions,
• work on managing children's institutions,
• activities to guide the educational process, educational process,
• teaching activity,
• educational work, performing the work duties of a defectologist.

The entire list of professions in which labor activity is counted as teaching experience was approved by the previously mentioned Resolution No. 781.

The labor activity of employees of kindergartens, boarding schools, simple schools, gymnasiums, colleges, technical schools and other educational institutions is taken into account. All controversial issues are considered by specialists in the relevant department of the Pension Fund of the Russian Federation. If the slightest doubt arises, the applicant is asked to provide additional information. documentation.

How does length of service affect the size of your pension?