Honey. For workers in rural areas, how is the year calculated for a year and three months or not?

What periods are included in the length of service?

In modern labor legislation of the Russian Federation, the concept of “maternity leave,” which usually means leave due to disability caused by the birth of a child, is not applied.

It is outdated, but was used in the Labor Code, which lost its validity in 2001, “giving way” to the Labor Code (LC) of the Russian Federation that replaced it. However, the concept of “maternity leave” is so commonly used in everyday life that it cannot be ignored, so it will also be used in this article in its original meaning.

According to the Labor Code, there are three types of exemption from work related to the birth and upbringing of a child. Let's look at each of them.

Its onset is influenced by the so-called preliminary date of birth (PDD), which is set by the gynecologist observing the pregnant woman. The doctor issues a certificate indicating the PDR, which the woman submits to the HR department. As a general rule, the duration of this period is 140 days (70 before childbirth and 70 after it).

Its duration can be increased in case of birth complications, as well as in the birth of several children.

This is a period that is paid by the employer or social security authority.

This period is no longer paid, but if a woman decides to use it, she cannot be called to work.

It is important to note that if the first type of leave, associated with the birth of a baby, can only be used by one woman, then the father or even grandparents can go on care leave.

The experience itself is divided into three groups:

1. Labor. Refers to the number of years actually worked.

1. Insurance. The period during which insurance premiums were paid

1. Preferential. Duration of work activity in difficult or special conditions.

Based on all this gradation, it turns out that certain periods of maternity leave must be taken into account in different ways when calculating length of service.

Maternity leave is fully included in the total length of service. In other words, from the moment she goes on vacation due to pregnancy and when the baby reaches three years old, the woman is registered at the same enterprise, in the same position that she previously held.

The situation is a little different taking into account the insurance period. It cannot include the period of stay on parental leave from 1.5 to 3 years. Accordingly, no insurance premiums are paid for the woman during this period, which actually means that this time period is missing in terms of the formation of a future pension. This issue currently has acute social significance.

Important! Information about temporary periods of incapacity for work associated with the birth of children and caring for them is not entered into the work book.

And the maternity period is not taken into account at all when calculating the preferential length of service. There is an exception to this rule. If a woman gave birth to a child and provided appropriate care for him before October 6, 1992, then this will be taken into account when calculating the preferential working time for early retirement.

To include the maternity period in the length of service, a woman must be officially employed. The mere fact of giving birth and receiving payments for up to one and a half years is not confirmation of a woman’s employment if she is not an individual entrepreneur and is not in an employment relationship.

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If a woman gives birth to a second child during one maternity leave, she needs to apply for a new leave with a full package of documents. If this rule is ignored, the period of service is interrupted.

After the birth of the third child, all types of work experience are interrupted. This is due to the fact that in case of several maternity leave, the period counted in the length of service cannot exceed 6 years, and in the insurance period - 3 years.

In addition, due to changes in the pension system, according to the new law, mothers with many children have the right to early retirement (three children three years earlier, four children 4 years earlier, respectively).

In order for periods of maternity leave to be taken into account when calculating a pension to the Pension Fund (upon reaching the appropriate age), the following documents must be submitted:

• statement;
• passport;
• employment history;
• SNILS;
• children's birth certificates.

The principal conditions affecting the size of the pension are the following periods:

• being on maternity leave on the basis of sick leave;
• caring for a child up to one and a half years old on the basis of a corresponding application and order from the employer.

These periods are calculated in the same way as if the woman continued to work.

In addition, while caring for a child up to one and a half years old, the employee is awarded pension points, which affect the validity of the right to retire and its size. So, for one year of caring for the first child, 1.8 points are assigned, for the second - 3.6, for the third and subsequent ones - 5.4 points.

The main condition for assigning pension points is the fact that the employer has transferred insurance contributions for the employee. Persons caring for a child under 1.5, but who do not have official work and are not individual entrepreneurs, cannot count on receiving points.

Attention! Interruption of service does not mean that a woman will be left without benefits. She has the right to receive all payments in full.

Work experience is any employment within a certain period of time, noted in the Labor Code of the Russian Federation. It provides for receiving a pension, salary and other social benefits.

• duration of employment,
• the second part of maternity leave, during which the woman cares for the child,
• period of study at a higher educational institution or service in the Armed Forces.

In accordance with the Labor Code, the length of service includes the number of working days from the date of concluding an employment contract with the employer. Seniority is suspended when this contract is terminated.

In 2007, maternity leave began to be included in the length of service for the purpose of accruing future pension payments, however, not entirely:

• it includes the period of maternity leave during pregnancy and childbirth,
• the period until the child reaches one and a half years, and the remaining one and a half years are not considered for further assignment of pension payments.

It is worth noting that maternity leave is counted only for four children, that is, 1.5 years for each child.

Pension experience is calculated in the same way for both men and women. In this case, for women, work is considered to be the time spent at home during pregnancy and childbirth, as well as the additional period of rest provided by the state in order to protect motherhood and childhood.

It is necessary to distinguish between two concepts: the period of time when a woman is unable to work due to pregnancy and childbirth and when she cares for a child until he reaches one and a half or three years of age.

In the first scenario, the time spent on vacation is fully included in the length of service, and in the second - only until the child reaches one and a half years of age.

For teachers, when assigning pension payments, separate rules are provided: for those who were on maternity leave, caring for a child until he was one and a half years old, until October 6, 1992, these periods are counted. For those who are later than the above deadline - no.

As for women liable for military service, this period goes towards her length of service and is counted as service; for other organizations - by agreement with the employer.

Being on maternity leave due to pregnancy and childbirth is fully included in the total insurance period. As for maternity leave, while a woman is caring for a baby, only the period of time until the child reaches one and a half years is included.

The insurance period of labor activity is designated in the eleventh article under number one hundred seventy-three of the Federal Law “On Labor Pensions” as a person’s employment in various fields. After all, both the mother and any other relative can take maternity leave.

According to the order of the Ministry of Health number ninety-one, created in 2007, the insured person is paid sick leave for the entire period when he was not insured.

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From January 1, 2021, maternity leave was extended, now its duration is four and a half years, but payment will be made only for one and a half years.

For unemployed mothers

Periods during which a woman was unemployed, registered, sat at home, caring for a child until he was one and a half years old, or looked after a disabled person of the first group or a pensioner aged 80 are taken into account when assigning pension payments. It does not matter when they were recorded.

Persons who are entitled to unemployment benefits can count on crediting this period to their work experience, but cannot count on an increase in pension payments.

Young women without children often face the fact that potential management does not want to hire them, because they understand that they may soon go on maternity leave. And there will be no one to work.

We invite you to tell you about things that many employers are silent about:

1. The employer does not have the right to reduce the period of maternity leave due to pregnancy, and he, in turn, forces the employee to leave the leave earlier. And this gives the employee the right to demand payment of benefits.
2. The amount to be paid is calculated according to the average salary.
3. Having left early, a woman has the right to work less than full time, and her work must be paid accordingly.
4. When 2 children are born, the leave sheet for the first one is closed and another is opened. In addition, a girl does not have the right to be fired or demoted.

To avoid problems, you need to be information savvy and take a responsible approach to applying for maternity leave.

First of all, you need to take care of obtaining a certificate of incapacity for work at a medical institution immediately after the birth of the child.

Particular attention should be paid to drawing up an application that a woman expecting a child submits to management. HR department specialists will help her with this; the most important thing is that it is drawn up correctly and the deadlines are indicated.

The deadline is different for everyone. For the most part - from 28-30 weeks, which is recorded in the certificate of incapacity for work.

Another application is also submitted requesting financial support, accompanied by a sick leave certificate and a certificate from the antenatal clinic.

It must have a signature and date of composition. A woman has the right to receive money only if she is officially employed. After the expiration of maternity leave in connection with pregnancy and childbirth, she can extend the leave in order to care for the child until he reaches one and a half to three years. The father or another officially registered relative also has the right to this.

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.

When is maternity leave taken into account?

• The woman confirmed that she had reached the preferential or general retirement age.
• The elderly person was registered in the insurance system, and the personal account contains information about the accrued insurance period.
• The employer transmitted re-registration data throughout the entire length of service and paid all necessary insurance premiums in full.

If these conditions are met, the maternity leave will be taken into account when determining the length of service for calculating pension payments.

When confirming the right to a pension, the following rules are used:

• a maternity leave, which is confirmed by a certificate of incapacity for work, is included in the work experience without any restrictions;
• the period of caring for a child up to one and a half years of age also counts towards the length of service: during this time, the employer makes all necessary contributions for the woman;
• the period of caring for a child up to 3 years of age is not included in the insurance period, since the woman is not paid a salary during this time;
• The maximum period of maternity leave, which is included in the length of service for periods of caring for children up to one and a half years of age, is 6 years.

Preferential conditions apply to women whose maternity leave occurred before October 6, 1992. In case of retirement due to special working conditions (in industries that are not safe for health), the time spent caring for a child up to 3 years of age is included in the special length of service.

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.

Establishing a pension

• The maternity period begins from the moment the sick leave for pregnancy is provided until the end of 140 days (if the birth was complicated or multiple, then this period increases).
• The period of child care begins from the moment you go on vacation until the child reaches one and a half years of age.

Additionally, a woman has the right to go back to work after giving birth until the end of her term or to go on maternity leave until she is one and a half years old not immediately. In such a situation, the employer keeps separate records of vacation and work time. At the same time, the entire period is included in the pension period.

When a woman reaches retirement age, she does not need to obtain any certificates or papers from her employer. The Pension Fund branch requests all the required data from its personal account independently.

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If the employer did not prepare reporting documentation and did not transfer contributions during the maternity leave period, the woman will need to initiate legal proceedings to prove her legal right to receive a pension.

To include vacation periods in your work experience before registering as an insured person, you will need to prepare archival documentation - for example, an employment contract, a certificate of earnings, a work book. If the employer no longer operates, and it is not possible to obtain documentation of length of service, the woman will have to go to court to prove her right to receive pension payments.

Is it possible to retire early? Domestic legislation establishes that in some situations this is permissible - for example, a woman raised a disabled child from childhood until he reached the age of 8, gave birth to at least 2 children and worked for 12 years in the Far North or for 17 years in areas where are equated with them. In this case, the woman must have the required insurance experience.

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.

Results

The answer to the question of whether maternity leave is included in the length of service is, of course, positive. However, one should clearly distinguish between leave related to pregnancy and childbirth (maternity leave) and leave taken to care for a child, the recording of which in the length of service has its own characteristics.

Maternity leave is included in the total length of service, which should be taken into account when approving a pension. Work experience is calculated taking into account certain points. Thus, the period of caring for a child aged 1.5-3 years is not included in the length of service.

When a woman reaches retirement age, the Pension Fund will request all the required information from her personal account. If any problems arise (for example, the employer did not prepare reports for the period of maternity leave, did not transfer contributions), you will need to go to court.

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.