Let's figure out whether maternity leave is included in the length of service

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.

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: Maternity leave: designation in the report card

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

What is work experience

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

What periods are included in the length of service:

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

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

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

Is maternity leave included in 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.

This is important to know: The employer did not pay vacation pay upon dismissal

Currently, the period of maternity leave is counted towards the total length of service.

Some women do not work for a long time due to the birth of children and do not have the opportunity to earn work experience. This mainly applies to mothers with many children.

• The period of maternity leave and the period until the child reaches one and a half years is counted in the insurance period.
• Women who work for the government. service, this period of time is also taken into account.
• Experience earned in the Far North or other difficult areas includes the maternity period.

Women working in difficult conditions may retire early.

A preferential pension is issued:

• for men – at 55;
• for women aged 50.

If a man is caring for the baby, it is also possible to apply for care leave for him, which will be included in the calculation of the pension.

Non-working mothers also receive maternity benefits. Such payments are made by the social center. protection from birth until the child is one and a half years old.

If a woman has many children, no more than 6 years of total childcare time is included in the length of service.

Each child is entitled to one and a half years. Maternity leave time for other children will not be included in the calculation.

Is maternity leave included in seniority?

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

Incoming periods:

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

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

Expert opinion

Nikishina Anastasia Yurievna

General Director of the law firm Pravo Consult. More details

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

What is maternity leave?

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

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).

This is important to know: Minimum number of vacation days according to the Labor Code

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 included in the pension period?

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

First you need to distinguish between two concepts:

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

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

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

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

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.

The length of maternity leave may also vary. Article 255 of the Labor Code of the Russian Federation established that the total duration of maternity leave is:

Does maternity leave count towards seniority in 2020? From what year is maternity leave included in the pension period?

Since the beginning of 2007, maternity leave has been included in the length of service used when calculating pensions, but not all of it:

• Maternity leave is fully included;
• maternity leave is included only up to 1.5 years, and the remaining one and a half years are not used when calculating the pension.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

In this case, there are additional restrictions: maternity leave in total should not exceed six years, that is, it is only enough for 4 children (if each child has a year and a half of maternity leave).

For subsequent children, maternity leave will not be fully included in the length of service.

Video: This is important to know about parental leave

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, 2020, 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.

Is maternity leave counted towards seniority?

The concept of “continuous work experience” no longer exists. There is the total number of years worked during which contributions were made (contributions at the woman’s place of work before leaving). These contributions are made towards a future pension in the Pension Fund. Only the paid portion of such leave from work is the insurance period and affects the pension calculation.

To general insurance

Maternity leave is included in the 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 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.

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, 2014, parental leave has been extended until the child is four and a half years old, but one and a half years will be paid and counted.

To calculate a preferential pension

Whether maternity leave will be included in the special length of service is of interest to those whose retirement age comes earlier than usual (doctors, teachers). The period of pregnancy and childbirth is included, and child care has its own nuances. The second part of maternity leave is considered voluntary release, cannot be included in labor exemption, and therefore is not counted as preferential leave.

A woman retains her place and position for the entire period of caring for a young child; she can interrupt her release at any time and begin her duties, switch to part-time work or work from home.

The time spent on care leave does not count towards preferential length of service; it is counted towards the total time of work and gives the right to receive an old-age pension.

An exception is made for women who gave birth before 1992. For them, the second half of the maternity leave is taken into account in their length of service.

In public service

Conditions for civil servants are slightly different.

There are rules for persons in the military, fire service, and the Ministry of Internal Affairs.

Law of the Russian Federation No. 4468-1 of February 12, 1993 prescribes the right to dismissal upon reaching the age limit, organizational and staffing measures, or for health reasons.

It is allowed to include maternity leave in the length of service. Municipal civil servants have the right to take into account exemptions for pregnancy and childbirth with special length of service, but not for nursing.

In the northern experience

Citizens working in the Far North retire earlier after working for a certain period of time. Women who were on parental leave before October 6, 1992 have the right to be included in the preferential northern period of work. It should be noted that these time periods are counted if before or after them there was time for any activity, regardless of duration. This time is not only taken into account, but also adds points:

• 1.8 – for the first child;
• 3.6 – for subsequent children (no more than 5.4 points per year).

This gives the woman a small increase in her pension. For those who received sick leave after this time, release for childcare is included only in the general work experience, not in the northern period of service.

For the unemployed

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

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

The procedure for obtaining work experience for pregnant women

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

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

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

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

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

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

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

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

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

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

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

How is maternity leave counted?

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

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

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

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

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

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

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

Social services monitor compliance with labor rights during pregnancy. Termination of a contract with a woman at such moments is punishable administratively.

The amount of the benefit, also in the absence of official employment of the woman, must be no less than the minimum wage accepted in the region of residence. Maternity payments are subject to charges to the Social Insurance Fund of the Russian Federation and the Pension Fund of the Russian Federation for the insurance part.

How to calculate length of maternity leave

The period during which a woman is on maternity leave is counted as length of service according to Order of the Ministry of Health and Social Development of the Russian Federation number ninety-one dated February 6, 2007. In accordance with it, the following norms are valid:

• a working month is considered to be thirty days, a year is considered to be twelve months;
• if the periods of time caring for two or more children coincide, the dates are considered according to the employee’s application;
• information about work experience is entered in accordance with the work book or a document that replaces it;
• in the absence of the necessary documentation, the court takes over the case and, in accordance with the testimony of witnesses and other evidence, makes a decision;
• if there is no start date for work, the first of July of the year is taken, and if there is no date, the middle of the month.

When the child is born, the maternity leaver should present the employer with the child’s birth certificate and a document stating that the father is no longer paid money due to the fact that the baby was born.

If the mother does not have permanent employment, the amount of the benefit is determined by the state.

Documents for maternity leave

Expert opinion

Nikishina Anastasia Yurievna

General Director of the law firm Pravo Consult. More details

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

Algorithm for processing documents and obtaining leave:

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

Documentation:

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

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

Expert opinion

Nikishina Anastasia Yurievna

General Director of the law firm Pravo Consult. More details

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