Personnel

March 13, 2021 Vacation

The duration of maternity leave is quite long - up to 1.5 or 3 years of age. It is important to know exactly what impact this maternity period will have on the employee’s work and insurance experience, calculated for various needs.

This article describes how maternity leave to care for newborns before they reach three years of age will affect the assignment and formation of a future pension, the payment of sick leave in subsequent periods and the provision of vacations and other benefits.

In insurance for pension?

The pension reform of the Russian Federation is undergoing constant changes. Today, the minimum insurance period for granting a pension must be no less than 5 years. This period is planned to be increased to 15 years in the future. Many people are concerned about the question of whether carer's leave is included in it?

In Part 4 of Art. 256 of the Labor Code of the Russian Federation stipulates that child care is included in the total length of service for calculating a pension .

Meanwhile, the law allows this period to be interpreted as an insurance period.

The basis should be considered the law of July 16, 1999 No. 165-FZ “On Compulsory Social Insurance”. This regulatory act states that everyone who works under an employment contract or otherwise legally provides themselves with work is considered insured persons. Since the employment relationship does not end with a vacationer staying at home with a child under 1.5 or 3 years old, he is considered insured. This means that this period is included in the insurance period for assigning a pension.

It is important that at the time of maternity leave the person is officially employed. The time of work prior to going on maternity leave with a child does not matter.

Care leave is not taken into account in full, but only until it reaches 1.5 years . In total, this maternity leave counts for no more than 4.5 years , and only for one parent.

The latest reform established the calculation of pensions in points. During the period of caring for a newborn, the following points are calculated :

For the first - 1.8 points.
For the second - 3.6 points.
For the third and fourth – 5.4 points.

If the insurance periods coincide in time (for example, during care leave for up to 3 years a person worked part-time), then the insured himself chooses the event that will be included in the pension period by submitting a corresponding application to the Pension Fund.

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 : its standard duration is 140 days (of which half are the days before childbirth and the remaining half are after).
If there were complications, then the postpartum period increases from 70 to 86 days. Women carrying multiple children go on this leave for 194 days (84 before and 110 after). 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.

Is maternity leave up to 1.5 and 3 years taken into account for sick leave?

The insurance period for calculating payment for temporary disability certificate is an important indicator. The percentage of payment for sick leave benefits depends on it.

Since the employment relationship with the person does not terminate during vacations of up to 3 years, this time is fully included in the insurance period for calculating sick leave pay.

Therefore, when returning from maternity leave to work, the employer will take into account the time of maternity leave when determining the percentage for calculating benefits for the 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: Additional payment up to the minimum wage when calculating vacation pay

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

Is maternity leave included in the calculation of length of service for a pension?

Based on Art. 255 and 256 of the Labor Code of the Russian Federation, the length of service during maternity leave is calculated. It is this document that guarantees a woman’s job security.

Does maternity leave count?

Maternity leave is a paid leave granted to a woman on legal grounds for the successful course of pregnancy, as well as further childbirth.

Regardless of your status, whether you want to adopt a child or are going to give birth yourself, the state, through employers, guarantees the right to provide maternity leave.

After the employee is registered at the antenatal clinic at the 30th week of pregnancy, she will be issued a certificate of temporary incapacity for work. It must indicate the possible time of the woman’s release from work during pregnancy.

Since a woman must have health insurance, sick leave will be fully paid (100%) regardless of her length of service.

An employee can use the right to maternity leave at her own discretion, that is, she can submit an application for maternity leave at any time convenient for her, but not earlier than the established day of the start of her release from work.

A pregnant woman must receive wages during her work in the prescribed manner, without having the right to receive a one-time benefit.

Video: This is important to know about parental leave

Experience for early retirement: advanced training and parental leave

Very often people come to us with a problem when the Pension Fund does not include periods of training/advanced training in the preferential length of service for granting early retirement. For women, the Pension Fund, as a rule, does not include maternity leave or child care leave in the benefit period. In this article I will talk about how it should actually be and whether controversial periods should be included in the grace period.

Periods of professional development

The pension fund is obliged to include them if you were sent by your employer, and during the period of training/advanced training you were paid a salary. That is, according to the legislator, the period of advanced training is work for which the employee receives money, and the employer transfers contributions to the Pension Fund. Judicial practice on this issue is as follows: courts universally recognize the decisions of the Pension Fund as illegal and include periods of advanced training in the preferential length of service. Therefore, if you have a written refusal, which states that periods of advanced training cannot be included in the special experience, do not hesitate to contact us. We will help you defend your right to early retirement.

Holiday to care for the child

The period of being on parental leave is counted towards the benefit period if you went on leave before October 6, 1992. It was on October 6, 1992 that changes to the Labor Code of the Russian Federation came into force. These changes were intended to remove from Article 167 of the Labor Code of the Russian Federation the possibility of including parental leave in special service on preferential terms. However, this innovation applies only to those who apply for a preferential pension and does not apply to women interested in general and continuous work experience. Judicial practice is also on the side of the woman who went on maternity leave before October 6, 1992. This period will be counted in any case, even if you started working in 1995.

If you are a healthcare worker and worked in positions and institutions in which work gives you the right to preferential calculation of 1 year of work as 1 year and 6 months, and you retained your job (you were not fired), then the period of being on maternity leave , child care can be included in the special length of service and calculated using a preferential basis (1 year for 1 year 6 months).

The Pension Fund of the Russian Federation refused to grant an early pension? Trust our lawyers to restore your right to a preferential pension! At your service: calculating length of service and drawing up claims to the Pension Fund online. If you live in Izhevsk, Udmurt Republic, we can provide a whole range of services to represent your interests in court.

early retirement medical experience

Rules for preferential retirement for medical workers

Some categories of medical employees are entitled to receive a preferential pension. But at the same time, few people know how experience is calculated? How to apply for a pension? What legislation regulates this issue?

Let's consider all the questions in more detail. If questions arise about the correctness of pension calculations for preferential health workers, you need to know the legislative norms that govern this issue. In particular, we are talking about laws such as:

Federal Law No. 173, which defines the procedure and conditions of appointment.
Federal Law No. 400 “On Insurance Pensions”;
Federal Law No. 10, which regulates possible benefits upon retirement;
Federal Law No. 781, which clearly defines the list of positions of health workers who are entitled to receive a preferential pension;
Federal Law No. 424 “On Labor Pensions”;

In 2021, due to the pension reform, preferential retirement for doctors will not be canceled, but additional conditions have appeared.

The Ministry of Labor proposed to Dmitry Medvedev to increase the length of service, the presence of which allows for preferential treatment for medical workers.

It was originally planned that from January 2021 a change would come into effect that would gradually increase the coefficient for calculating retirement.