Is Maternity Leave Included in the Northern Work Experience? ladyjurnal.ru

The question relates to the city of Rostov region, Sholokhov district, village Bazkovskaya

Answers:

Hello! This issue is regulated by the Federal Law “On Labor Pensions in the Russian Federation” dated December 17, 2001 N 173-FZ (latest edition), Resolution of the Ministry of Labor of Russia dated October 10, 2003 N 69 (as amended on October 31, 2016) “On approval of the Instructions for filling out labor books" (Registered with the Ministry of Justice of Russia on November 11, 2003 N 5219), by Resolution of the Ministry of Labor of the Russian Federation of May 22, 1996.

N 29 “On approval of the explanation “On the procedure for applying lists of production, work, professions, positions and indicators that give, in accordance with Articles 12, 78 and 78.1 of the RSFSR Law “On State Pensions in the RSFSR”, the right to an old-age pension in connection with special conditions labor and pension for long service." According to these legislative acts:

1. When calculating the northern length of service, periods when a citizen registered with the labor exchange and received benefits as a laid-off worker are not taken into account.

2. The northern length of service does not include one and a half or three years of maternity leave, but pre- and post-natal maternity leave is taken into account for calculating women’s pensions.

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3. Part-time work does not count toward northern work experience, despite the entry in the work book. If a citizen worked under employment contracts at a part-time rate simultaneously in two or more organizations in the Far North, then this work can be considered as full-time work only if there is documented evidence.

If your sister has at least 12 calendar years of northern experience in the Far North and was on leave to care for at least one of her children before October 6, 1992, she has the right to retire at age 50.

Federal Law of December 28, 2013 N 400-FZ “On Insurance Pensions”

Article 32. Retention of the right to early assignment of an insurance pension to certain categories of citizens

1. An old-age insurance pension is assigned before reaching the age established by Article 8 of this Federal Law, if there is an individual pension coefficient of at least 30 to the following citizens:

2) women who have given birth to two or more children, who have reached the age of 50, if they have an insurance record of at least 20 years and have worked for at least 12 calendar years in the Far North or at least 17 calendar years in equivalent areas;

6) men who have reached the age of 55 years, women who have reached the age of 50 years, if they have worked for at least 15 calendar years in the Far North or at least 20 calendar years in equivalent areas and have an insurance period of at least 25 and 20 years, respectively . For citizens who worked both in the Far North and in equivalent areas, an insurance pension is established for 15 calendar years of work in the Far North.

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

Moreover, each calendar year of work in areas equated to the regions of the Far North is counted as nine months of work in the regions of the Far North.

Citizens who have worked in the regions of the Far North for at least 7 years 6 months are assigned an insurance pension with a reduction in the age established by Article 8 of this Federal Law by four months for each full calendar year of work in these regions. When working in areas equated to the regions of the Far North, as well as in these areas and regions of the Far North, each calendar year of work in areas equated to the regions of the Far North is counted as nine months of work in the regions of the Far North;..”

This is important to know: Maternity leave: designation in the report card

Periods of being on parental leave are subject to inclusion in the length of service in the specialty upon early assignment of a pension, if these periods occurred before October 6, 1992 (the time of entry into force of the Law of the Russian Federation of September 25, 1992 “On Amendments and Additions to Code of Labor Laws of the Russian Federation", with the adoption of which the named period ceased to be included in the special length of service in the case of a pension on preferential terms), regardless of the time of application for a pension and the time when the right to early assignment of an old-age pension arose.

Article 256. Parental leave

". Parental leave is counted towards the total and continuous work experience, as well as into the length of service in the specialty (except for cases of early assignment of an old-age pension).”

Determination of the Investigative Committee for civil cases of the Supreme Court of the Russian Federation dated January 21, 2011 N 41-B10-22

Thus, based on the above legislative acts, the period a woman was on maternity leave until she reached the age of three years was subject to inclusion in the general and continuous work experience, as well as in the special work experience in her specialty in accordance with Article 167 of the Labor Code of the Russian Federation before entering changes to this provision of the law, that is, until October 6, 1992 “

Expert recommendation Demand from the pension fund a written refusal to grant a pension and appeal it in court.

Is maternity leave included in the northern period of service?

Here you need to look at when there was a vacation; now since 1992 it is not included in the preferential length of service - In accordance with the explanations contained in paragraph 27 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 11, 2021 N 30 “On the practice of courts considering cases related to the exercise of rights citizens for labor pensions,” when resolving disputes that arose with the inclusion of women in the length of service that gives the right to early assignment of an old-age labor pension, the period they were on maternity leave, the courts should proceed from the fact that if the specified period took place before 06.10.1992

(at the time of entry into force of the Law of the Russian Federation of September 25, 1992 N 3543-1 “On Amendments and Additions to the Labor Code of the Russian Federation”, with the adoption of which the period of being on parental leave is not included in the special length of service in the case of appointment of a pension on preferential terms), then it is subject to inclusion in the length of service giving the right to assign an old-age labor pension.

According to paragraph 7 of the joint Resolution of the USSR State Committee on Labor and Social Issues and the Secretariat of the All-Union Central Council of Trade Unions dated November 29, 1989 N 375/24-11, which was in force during the period the plaintiff was on parental leave, the duration of parental leave until he reaches age of one and a half years is also counted towards length of service, which gives the right to a pension on preferential terms and in preferential amounts. In all cases of calculating general, continuous work experience and work experience in a specialty, the time of partially paid leave to care for a child until he reaches the age of one and a half years and additional leave without pay to care for a child until he reaches the age of three years is taken into account in the same manner , as work during which the specified vacations are granted.

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).

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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.

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.

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

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:

After 02/01/2002, only 1.5 years began to be counted as length of service. Moreover, before January 1, 2014, the total time of care 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.

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.

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.

This is important to know: Returning from maternity leave

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.

Is maternity leave included in seniority?

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. Since the woman is insured in the health insurance system, her sick leave is paid for. In addition, it is paid at 100% regardless of the employee’s length of service. This is stated in Law No. 255-FZ “On Compulsory Social Insurance”.

According to Art. 11 of Law No. 173-FZ, maternity leave, which is necessary to complete pregnancy and childbirth, is fully included in the insurance period, since contributions to the Pension Fund are deducted during this period. This article also says that leave to care for your child, until he turns 1.5 years old, is also included in the insurance period. However, the law sets a limit - a woman can have no more than 6 years of such experience, that is, 1.5 years for four children.

Is maternity leave included in Northern experience?

Is maternity leave to care for a child included in the northern experience?
Is leave to care for a disabled child up to 3 years included in the northern work experience?
Is parental leave included in the northern work experience?

Is maternity leave to care for a child included in the northern experience? Lawyer A. A. Shakirov, 36929 answers, 15596 reviews, on the site since 12/03/2015 1.1.

Leave to care for a child up to one and a half years is included in the insurance period for assigning a pension, but is not included in the preferential period. Good luck to you. Lawyer Kugeiko A.S., 86,702 answers, 38,677 reviews, on the site since 12/05/2011 1.2. • Hello, parental leave is not included in the benefit period after October 6, 1992, until it is included.

I wish you good luck and all the best! Lawyer Berezin D.A., 743 answers, 320 reviews, on the site from 09/13/2012 1.3. The insurance period includes periods of work and (or) other activities, provided that during these periods insurance contributions to the Pension Fund of the Russian Federation were accrued and paid (Part.

1 tbsp. 11 of the Federal Law of December 28, 2013 No. 400-FZ “On Insurance Pensions”).

Other activities should be understood as socially useful activities, including being on parental leave to care for a child under three years of age.

2. Is parental leave included in the northern work experience? Lawyer Akimova A.G., 14610 answers, 6795 reviews, on the site from 07/22/2016 2.1. Good evening. No, it is not included in the Northern experience.

This period is included in the total length of service. Northern experience includes periods of full-time work.

Lawyer Dmitrikova L.V., 8191 answers, 4403 reviews, on the site since 12/02/2016 2.2.

Labor Code of the Russian Federation, Article 256. Child care leave Child care leave is counted towards the general and continuous work experience, as well as into the work experience in the specialty (except for cases of early assignment of an old-age insurance pension). Best wishes.

Is Maternity Leave Included in Northern Work Experience?

35 years ago in the Soviet Union, Resolution of the Central Committee of the CPSU and the Council of Ministers of the USSR “On measures to strengthen state assistance to families with children” No. 235 of January 22, 1981 was adopted. This resolution gave the right to women who gave birth to a child to receive partially paid parental leave for one year. After a year, a woman could continue caring for her child until he reached 3 years of age, but without payment of cash benefits, and all these three years were included in the woman’s work experience to assign her a pension. Resolution of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated November 29, 1989 N 375/24-11 stipulates that the time of parental leave is counted towards the employee’s length of service, which gives the right to a pension on preferential terms and in preferential amounts, including for work in the regions of the Far North and areas equivalent to it.

If the start of parental leave was before October 6, 1992, and its completion after this date, then this period is fully included in the special length of service for the early assignment of a pension, regardless of the moment of its end (before or after this date). This clarification was given to the courts by the Plenum of the Supreme Court of the Russian Federation by its Resolution No. 30 dated December 11, 2021, in paragraph 27.

Background

Since November 29, 1989, Resolution of the USSR State Committee for Labor and the Secretariat of the All-Union Central Council of Trade Unions No. 375/24-11 introduced the right to count parental leave time into the northern special service. But soon, by Law No. 3543-1 of September 25, 1992, labor legislation was significantly adjusted. The criteria for qualifying care leave have also changed (Article 167 of the Labor Code of the Russian Federation). Since 10/06/1992, the inclusion of these vacation periods in special service has been abolished; they are now taken into account exclusively in the employee’s total length of service. Maternity leave, as already indicated, is necessarily included in the length of service, which gives the right to a well-deserved rest on preferential terms.

On the basis of these legislative changes, there is also a distinction in determining the length of service of mothers living and working in the northern regions when calculating maternity leave time into the preferential category.

For those who took it out before 06.10.1992 (even if the start of maternity leave occurred before this date, and it ended after), this period, like the maternity leave itself, is included in the special period. For those who were granted this leave after October 6, 1992, the time of its use is included only in the total length of service.

So, maternity leave is included in the northern period of service, but the time allotted for caring for a newborn is not, with the exception of the period of validity of Decree No. 375/24-11.

Is maternity leave included in the northern work experience?

First of all, let’s define the concept of “maternity leave”. It refers exclusively to the time a woman is on sick leave issued for pregnancy, childbirth and postpartum recovery. Today, the duration of this period is 140, 156 or 194 days, depending on the presence of complications or obvious multiple births. After the maternity period is completed, the woman is given maternity leave for up to 1.5 or 3 years. Legally, this leave is no longer considered maternity leave, since it is used by the mother to ensure proper care. Thus, the entire time period associated with the birth of a child is divided into maternity leave and parental leave.

In Russian legislation, provisions related to the tasks of state assistance to mothers have been transformed more than once. They specifically addressed the issues of including in the employee’s insurance record the time spent on maternity leave, as well as subsequent time caring for a newborn. Let's consider whether maternity leave is included in the northern length of service, and what legal norms personnel officers operate with.

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Northern maternity experience

Are sick leave and maternity leave included in the northern length of service? I worked in the Kuril Islands.
Is maternity leave included in the northern period of work? A child born in 1986 lived on Sakhalin.
Are maternity pay included in the northern work experience?
Is maternity leave to care for a child included in the northern experience?
Why is maternity leave not included in the northern experience?
Is maternity leave included in northern seniority?
Northern experience will include the period of maternity leave from November 1990
to February 1993.

If you find it difficult to formulate a question, call, a lawyer will help you: Free from mobile and landline Free multi-channel telephone If you find it difficult to formulate a question, call a free multi-channel telephone, a lawyer will help you 1. The northern period of experience will include the period of maternity leave from November 1990 to February 1993 Lawyer Merkulyeva E.

A., 422 answers, 249 reviews, on the site from 01/15/2021 1.1.

For women, one and a half years of maternity leave are included in their work experience.

If subsequent births occur, maternity leave is counted for each individual.

The calculation of pension points is based on work experience and the size of the official part of the payment at work: the more time a person devotes to work and the larger the amount of white wages, the more points the employee will accumulate by the time he retires. If a person continues to work even after reaching retirement age, they are accrued with an additional payment.

There are a number of circumstances under which a citizen can receive points without working: 1 year of military service will give 1.8 points, caring for a group I disabled person will give 1.8 points, caring for the first child or a person over 80 will also give 1.8 points , for a year of caring for a second child, a woman on maternity leave will receive 3.6 points, for the third and subsequent ones - 5.4 points. Lawyer Petrov A. A., 3450 answers, 1265 reviews, on the site from 03/18/2021 1.2.

Hello! Specify your question. 2. Are maternity pay included in the northern work experience? Lawyer V.V. Kalashnikov, 188,397 replies, 61,533 reviews, on the site since 09/20/2013 2.1.

Does maternity leave count towards work experience - useful information for young mothers

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.

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 different 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.

Is maternity leave counted towards seniority?

According to the basic rule, length of service includes the duration of the employment relationship between the employee and the employer. In practice, this means that the work experience begins from the time the employment order is issued and signed.

Is maternity leave included in the northern work experience? Northern seniority does not take into account leave to care for a baby (one and a half years or three years), however, prenatal and postnatal leave is taken into account when assigning a pension to women.

In all cases, maternity leave is included in the length of service

The period of a woman's incapacity for work due to pregnancy and childbirth for a certain period.
Obtaining an exemption from work duties due to necessary child care. This period can last until the child reaches the age of 1.5-3 years.

In the first case, maternity leave is included in the length of service; there will be no notes about the break in the work book. Moreover, vacation is taken into account in full. In the second case, length of service during maternity leave will not be taken into account for the period when the woman was absent. It will only go in partially.

Experience and maternity leave 2021

The length of service taken into account for calculating a pension does not include the entire period of maternity leave. So, at this time the rest period for the duration of pregnancy and the birth of the child is fully included. The time allocated for care is not fully used to calculate pension benefits. So, the length of service will include 1.5 years, the rest of the period up to the 3rd anniversary is not included for calculation.

The same applies to payments: for the first 1.5 years of the child’s life, the mother receives 40% of the salary. If the leave is extended until the child’s 3rd birthday, the woman will qualify for assistance in the amount of 50 rubles per month.

There are also some restrictions: maternity leave cannot last more than 6 years. Therefore, it can be enough for a maximum of 4 children (1.5 years per child). Further, maternity leave will not be fully included in the length of service.

To accurately calculate your insurance period, use the online calculator

Is Maternity Leave Included in Northern Work Experience?

I would like to know whether maternity leave is counted towards northern seniority. My daughter worked in the Far North for 8 years. But this period includes a year and a half when she was on maternity leave to care for my eldest grandson. Will my daughters’ entire 8-year northern experience be taken into account when granting a pension?

It depends on what year your grandchild was born. One and a half year parental leave is included in the northern length of service only for periods before October 6, 1992. § Federal Law “On Amendments and Additions to the Labor Code of the Russian Federation” dated September 25, 1992 No. 3543-1 If parental leave son was provided to your daughter after this date, then only 6 years and 6 months will be counted towards her preferential northern experience.

Is the period of child care included in the northern work experience?

I'm a pensioner.

When I retired I had 17 years of experience.

This was enough to receive a pension, since I have three children.

After that I worked for another three years.

Now I have 20 years of experience. But they refuse to recalculate my pension. They explain that I do not have enough experience for the Northern pension, because child care is not included in the Northern experience. According to the norms of the previously valid Law, the period of being on parental leave was included in the special Northern experience, for workers in areas equated to the regions of the Far North, before the Law of September 25, 1992 came into force. How does this law work now and is the period of child care included in the Northern experience, if this period (child care up to 1.5 years) was before the adoption changes, that is, until 1992.

Children born in 1981, 1983 and 1984. April 29, 2021, 10:44, question No. 1982563 Natalya Nikolaevna, Arkhangelsk Collapse Online legal consultation Response on the website within 15 minutes Answers from lawyers (1) 203 answers 53 reviews Chat Free assessment of your situation Lawyer, Arkhangelsk

Moscow Free assessment of your situation Hello Natalya Nikolaevna! The pension fund is wrong, you need to sue Before the Law of the Russian Federation of September 25, 1992 N 3543-1 comes into force

“On introducing amendments and additions to the Labor Code of the RSFSR”

Article 167 of the Labor Code of the RSFSR provided for the inclusion in the special work experience of periods when a woman was on maternity leave.

With the adoption of this Law, which came into force on October 6, 1992, the period a woman was on maternity leave was no longer included in the special work experience. However, in accordance with paragraph 2 of the Resolution of the Council of Ministers of the USSR and the All-Russian Central Council of Trade Unions of August 22, 1989 N 677

“On increasing the duration of leave for women with young children”

Since December 1, 1989, the duration of additional leave without pay to care for a child has been increased everywhere until the child reaches the age of three years.

Is maternity leave included in northern seniority?

Fired due to staff reduction in 2021. There is no work in the gated community and the employment center did not provide it. She was a member of the Center for 12 years. 14 years of work experience. She gave birth to 4 children. At the age of 48, I applied for early retirement, but they refused, citing the fact that I had little experience in the north. Is maternity leave included in northern seniority? And was it right to refuse me?

In accordance with paragraph 3 of Art. 22 Laws Labor Code of the Russian Federation Chapter 16 Article 65 For combining professions (positions). The procedure and conditions for granting parental leave can be used in whole or in part by the child’s father, grandmother, grandfather, other relative or guardian actually caring for the child. At the request of the woman or the persons specified in part two of this article, while on maternity leave, they can work part-time or at home while maintaining the right to receive state social insurance benefits. During the period of parental leave, the employee retains his place of work (position). On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of this Code. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work. An entry in the work book about the basis and reason for termination of the employment contract must be made in strict accordance with the wording of this Code or other federal law and with reference to the relevant article, part of the article, paragraph of the article of this Code or other federal law. If on the day of termination of the employment contract it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to appear for the work book or agree to send it by mail. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book. The employer is also not responsible for the delay in issuing a work book in cases where the last day of work does not coincide with the day of registration of termination of employment relations upon dismissal of an employee on the basis provided for in subparagraph "a" of paragraph 6 of part one of Article 81 or paragraph 4 of part one of Article 83 of this Code, and upon dismissal of a woman whose employment contract was extended until the end of pregnancy in accordance with part two of Article 261 of this Code. Upon written request from an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee’s application. Article 12. Vacation pay index in accordance with paragraph 3 of Article 13 of this Federal Law in case of reduction in number (from employees on non-working holidays on the day of dismissal and the provision of leave without the deadline for the dismissal of the employee with payment of unemployment benefits cannot exceed one year) the last deduction for non-working holidays, in the manner determined by the Government of the Russian Federation.

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Is childcare included in northern work experience?

Valentina Question asked May 2, 2021 at 09:16 pm Good evening, my sister was born and lives in the Tyumen region of the Khanty-Mansi Autonomous Okrug.

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.

She has 4 children. She turned 50 years old. She went to the pension office to apply for a pension. I have 20 years of experience. But she was refused, they said that the northern experience of childcare is not included, especially 1994-1995, and therefore now you are 2 years short of the required experience. They told me to come back in two years.

Are pension workers right, and why is child care not included in the northern work experience?

Before going on maternity leave, she worked and had the necessary documents.

And why exactly 1994-1995. The question refers to the city of Rostov region, Sholokhov district, village Bazkovskaya Svetlana Published on May 3, 2021 at 06:24 Published on May 3, 2021 at 06:24 Hello!

This issue is regulated by the Federal Law “On Labor Pensions in the Russian Federation” dated December 17, 2001 N 173-FZ (latest edition), Resolution of the Ministry of Labor of Russia dated October 10, 2003 N 69 (as amended on October 31, 2016)

“On approval of the Instructions for filling out work books”

(Registered with the Ministry of Justice of Russia on November 11, 2003 N 5219), by Resolution of the Ministry of Labor of the Russian Federation dated May 22, 1996 N 29 “On approval of the explanation “On the procedure for applying lists of production, work, professions, positions and indicators giving in accordance with Articles 12, 78 and 78.1 of the Law of the RSFSR “On State Pensions in the RSFSR” the right to an old-age pension in connection with special working conditions and to a long-service pension.”

According to these legislative acts: 1. When calculating the northern length of service, periods when a citizen was registered with the labor exchange and received benefits as a laid-off worker are not taken into account. 2. The northern length of service does not include one and a half or three years of maternity leave, but pre- and post-natal maternity leave is taken into account for calculating women’s pensions.

3. Part-time work does not count toward northern work experience, despite the entry in the work book.

Does maternity leave count towards work experience?

When thinking about having a child, many women are interested in whether maternity leave is included in their work experience, because after it they will need to continue their professional activities. Therefore, this aspect is relevant for any working representative of the fair half, who in the near future is going to acquire the status of a mother. Let's consider what this phenomenon is, where and how it is displayed.

TK;
Federal Law No. 81 (talks about the funds that persons with children have the right to count on);
Federal Law No. 255 (regulates the features of social insurance for maternity leave);
Federal Law No. 173 (which deals with pensions earned by individuals as a result of their professional activities);
Order of the Ministry of Health and Social Policy No. 91 (which regulates the specifics of calculating and confirming the length of service for maternity leavers).

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

And in conclusion, it should be noted that many employers do not take care to fully provide their employees with a social package, so women need to study in detail the issue regarding the period of maternity leave for calculating vacation pay related to pregnancy and childbirth.

Labor activity is constantly subject to various calculations and analysis. The main indicator of labor is the duration of work, the number of years worked. It affects wages, certification, and employee category. The period of time a person is at work is recorded in the work book. Becomes the basis for calculating pensions. Types of work experience:

Northern experience

Persons who have worked in the Far North for 15 or more years (calendar) have the right to receive a northern pension. This right occurs for women at the age of 50 (provided that the total work experience is at least 20 years), for men - at the age of 55 years (provided that the total work experience is at least 25 years). If a person has worked for less than 15 years, the pension is assigned according to a special calculation. On January 1, 2021, the law on maintaining the size of the pension when leaving the Far North came into force (previously, the basic part of the pension was reduced by the regional coefficient). It is valid only for those who have worked for 15 years in the Far North.

Both the general length of service and the northern one include only maternity leave, which is provided before and after childbirth - as on a regular sick leave. The period of parental leave (up to 1.5 years or up to 3 years, it doesn’t matter) is not included in the northern work experience. Such changes came into force in 2021. And this time is counted towards the total length of service. For women with two or more children, to retire at the age of 50, it is enough to work for 12 years in the Far North (provided that the total insurance period is at least 20 years). But we must keep in mind that when traveling outside the Far North, the pension will be reduced.

Maternity leave for northern experience

Is maternity leave included in northern seniority? I was in the north on maternity leave.
Is maternity leave included in the northern period of work? A child born in 1986 lived on Sakhalin.
Are sick leave and maternity leave included in the northern length of service? I worked in the Kuril Islands.

If you find it difficult to formulate a question, call, a lawyer will help you: Free from mobile and landline Free multi-channel telephone If you find it difficult to formulate a question, call a free multi-channel telephone, a lawyer will help you 1. Are sick leave and maternity leave included in the northern length of service, worked for Kuril Islands.

Lawyer Malykh A.A., 138,149 answers, 49,284 reviews, on the site since December 29, 2001 1.1.

Sick leave - yes, maternity leave - no. 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” (approved by Decree of the Government of the Russian Federation of July 11, 2002 N 516) 5. Periods of work , giving the right to early assignment of an old-age labor pension, which was carried out continuously during a full working day, are counted towards the length of service in a calendar manner, unless otherwise provided by these Rules and other regulatory legal acts.

At the same time, the length of service includes periods of receiving state social insurance benefits during a period of temporary disability, as well as periods of annual basic and additional paid leave.

2. Is maternity leave included in the northern period of work? A child born in 1986 lived on Sakhalin.

Lawyer Khokhryakova L.V., 73656 answers, 28987 reviews, on the site from 07/06/2015 2.1.

You have already been answered - it includes until 1992. 3. Is maternity leave included in the northern work experience?

I was in the north on maternity leave. Lawyer Kwaktun R.N., 17534 answers, 6139 reviews, on the site from 07/22/2011 3.1. Natalya, good afternoon! Persons who have worked in the Far North for 15 or more years (calendar) have the right to receive a northern pension.

Maternity leave and length of service according to the Labor Code of the Russian Federation

If a person has worked for less than 5 years, he will receive no more than 60% of his average income.
When an employee has worked for less than 8 years, his calculation is based on 80% of earnings.
And for a working period of more than 8 years, the employee receives a calculation based on the full average earnings.

Since this leave does not interrupt relations with the employer, the person remains in his position. Accordingly, the employee is still listed as a person working in the Far North. Therefore, the specified period will be included in the calculation of retirement.

What is included in general work experience?

Total length of service is the sum of the duration of labor and socially useful activities, as well as periods of activity that are stipulated by law. Based on the total experience, the size is determined:

Based on the legislation, every citizen needs to have at least five years of work experience to receive a basic old-age pension. If the work activity will be more than five years, then the following formula is used to calculate the pension.

09 Jun 2021 uristland 608

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