How many years of experience are given per child. Is maternity leave and parental leave included in the length of service. How is the decree taken into account
And also paragraph 7 of the Clarification reads: “In all cases of calculating the total, continuous work experience, as well as work experience in the specialty, parental leave for up to 1.5 years is taken into account in the same manner as work or study, respectively, in the period who has been granted leave. I did not see a direct indication in any document that the period of leave for childcare up to 1.5 years should not be included in the length of service for full-time students who began to work immediately after the leave, especially if this period took place before the entry into force of 173- FZ. That is, after all, in the total experience, at least leave to care for a child up to 1.5 years old should be included? #17 IP/Host: 193.105.11. Date of registration: 10/20/2010Posts: 47,004 Re: Does the period of leave to care for a child be included in the insurance period for paying b/l? Explanation of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions of November 29, 1989
Insurance experience for the appointment and payment of benefits
In this regard, for citizens registered with the employment service, insurance contributions to the FSS are not paid. Thus, the periods during which citizens are registered with the employment service and receive unemployment benefits are not included in the length of service and, accordingly, are not taken into account when determining the amount of temporary disability benefits.
If citizens are registered with the employment service and involved in public works, these periods are included in the length of service, since in accordance with Article 13 of the Regulations on the organization of public works, approved by Decree of the Government of the Russian Federation of July 14, 1997 No. 875, with persons Those wishing to participate in public works, a fixed-term employment contract is concluded and they are subject to compulsory social insurance on a general basis.
Child care leave is included in the insurance period
Info
Based on article 256 Labor Code Russian Federation, at the request of a woman, she is granted parental leave until the child reaches the age of three years. For the period of such leave, the employee retains the place of work (position).
Attention
Since the employment contract continues during the period a woman is on parental leave for up to three years, this period is taken into account when calculating the insurance period. Therefore, parental leave is included in the insurance experience.
Does the insurance period include the period when a citizen is registered with the employment service and is involved in public works? In accordance with Article 3 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 “On Employment in the Russian Federation”, able-bodied citizens who do not have work and earnings are registered with the employment service in order to find a suitable job, are looking for work and are ready to start her, are considered unemployed.
The period of caring for a child is counted in the length of service.
The insurance period is determined on the basis of the duration of work under an employment contract for the entire period of employment, that is, from the first day of work until the day the insured event (illness, injury) occurs. Based on Article 256 of the Labor Code of the Russian Federation, at the request of a woman, she is granted leave to care for child until they reach the age of three. For the period of parental leave, the employee retains the place of work (position).
Since the employment contract continues during the period a woman is on parental leave for up to three years, this period is taken into account when calculating the insurance period. #6 IP/Host: 85.141.169.
Is parental leave included in seniority?
Social Insurance Fund of the Russian Federation on the payment of payments for social insurance. In 2001-2002, the current legislation did not provide for the possibility for entrepreneurs to pay insurance premiums to the Social Insurance Fund.
Is military service included in the length of service? The insurance period includes military service, as well as service in the internal affairs bodies, the State Fire Service, the bodies for controlling the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system. Passing periods military service, as well as other services, are confirmed by military tickets, certificates of military commissariats, military units, archival institutions, entries in the work book and other documents containing information about the period of service.
Rules for calculating the insurance period in examples
Federal Law No. 255-FZ of December 29, 2006 "On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood" (hereinafter - Law No. 255-FZ). The rules for calculating and confirming the insurance period for determining the amount of benefits for temporary disability, pregnancy and childbirth were approved by order of the Ministry of Health and Social Development of Russia dated February 6, 2007 No. 91.
The length of service for determining the amount of benefits for temporary disability, pregnancy and childbirth includes periods: work under an employment contract, state civil or municipal service, as well as periods of other activities during which a citizen was subject to compulsory social insurance in case of temporary disability and in connection with with motherhood.
Does the length of service include leave to care for a child under 3 years old?
Since the employment contract continues while the woman is on these types of leave, this period is taken into account when calculating the insurance period (this position is confirmed by the Letter of the FSS of the Russian Federation of 08.09.2007 N 02-13 / 07-7424). Therefore, parental leave is included in insurance experience. #2 IP/Host: 90.188.95. Date of registration: 20.08.2008Messages: 12,636 Re: Does the period of leave to care for a child be included in the insurance period for paying b/l? Thanks, Anechka! :buket1: You're so smart! #3 IP/Host: 195.68.173.
Date of registration: 10/20/2010Posts: 47,004 Re: Does the period of leave to care for a child be included in the insurance period for paying b/l? 🙂 it's not me, it's my good base :). #4 IP/Host: 90.188.95.
Important
Situation: Is it necessary to include maternity leave up to three years in the length of service for calculating hospital benefits Yes, it is necessary. The insurance period of an employee who is on parental leave for up to three years is increased by the period of such leave.
The employment contract with this employee continues to be valid, and she retains her place of work and position (Article 256 of the Labor Code of the Russian Federation). Accordingly, take into account the period of being on parental leave of up to three years when calculating the length of service.
After all, the length of service is determined based on the duration of all periods of work under an employment contract. And the main document that confirms the duration of these periods is the work book.
This is stated in section II of the Rules approved by the order of the Ministry of Health and Social Development of Russia dated February 6, 2007 No. 91. A similar position was expressed in the letter of the FSS of Russia dated August 9, 2007 No. 02-13 / 07-7424.
Leave to care for a child up to 3 years is included in the insurance period
General seniority- this is the period of labor activity, on which it depends whether a citizen receives an old-age pension. According to the current laws, the length of service for receiving an old-age pension must be at least 5 years. In this regard, those women who are going to become mothers in the near future, of course, are concerned about the following question: is parental leave included in the length of service? Will it not turn out that a woman who has been on several care leave will not be assigned a labor pension? Let’s first understand what parental leave is. This is the period of rest provided to a woman who has given birth to a child, from the moment of birth until the age of three. By virtue of the provisions of Art. 256 of the Labor Code of the Russian Federation, while a woman is on such a vacation, she retains her place of work.
GIT, FSS, courts, challenge, fight. Get a court decision, which will say that the period of your “care leave” during your studies should be included in the length of service - please post it here. » Do not waste time trying to figure out whether you love a person or not. Act as if you were sure that you love him ”(c) # 18 IP / Host: 94.190.11. Re: Assignment of pensions to persons who arrived in Russian Federation from the states - republics former USSR Hello! I lived in Kazakhstan until 2004, I was on maternity leave there in 1992 until 1995, the child was very ill, I couldn’t get out, they said write a statement - we’ll fire you, but up to 6 years this will be included in the experience. Came to Russia in 2004, received citizenship.
In the everyday concept of "decree" in fact includes two types of leave:
- on pregnancy and childbirth;
- for baby care.
The first is provided for 140 days - 70 before the appearance of crumbs, 70 after. Social allowance is paid as a lump sum and is equal to the average daily earnings for the previous two years, multiplied by 140 days.
Vacation given exclusively to women. After its expiration, in accordance with Article 256 of the Labor Code, the right to Holiday to care for the child until he is 3 years old.
This opportunity will be able to take advantage of not only mom, but also dad, grandmother - any member of the family, actually taking care of the baby. 40% of the average salary is paid monthly, but only until the baby reaches the age of one and a half years. Further count on welfare do not have to.
Is it included in the pension?
For children under 14
Many parents sitting with children and later than their three years - until the execution of 14. The legislation does not provide for leave for this period, you can only quit. If the offspring turned out to be disabled, they are entitled to 4 additional days off per month, which can be add to next vacation so that it becomes longer - not 28 days, but 28 + 4x12, that is, 76 days - two and a half months.
If insurance contributions made by the employer in the first 24 months of her work, would be enough for 3.3 IPC, then in 2017 she could receive an insurance pension.
Thus, when a woman spends her vacation until the age of her son or daughter is one and a half years old, she gets as a result:
- 2.7 IPC per child;
- 8.1 IPC for two;
- 16.2 IPC for three;
- 24.3 IPC for four and so on.
Let's try the above make a preliminary calculation.
In 2017 1 pension point is charged approximately for every 7300 rubles of salary.
This means that if you earn less than 13,140 rubles (7300x1.8) rubles woman taking care of baby, will receive more IPC than if she worked, so her pension will be higher.
After the mathematical calculations can sum up and draw clear conclusions for a preliminary analysis of future subsidies.
Important! At the birth of a second child, from the point of view of a future pension, it is more profitable to go on maternity leave than to work if the income is less than 26,280 rubles.
conclusions
If a woman worked until baby was born, leave to care for him up to three years will be fully counted in her pension experience and she will get an IPC. If she did not work, then she will be credited with the IPC, but the experience will not go.
Working mothers often face the dishonesty of managers and the incompetence of officials. In order to competently protect their interests, women need to know what maternity leave is, whether it is included in the seniority and what changes have affected it recently.
First of all, let's figure out what we mean by the concept of "maternity leave", which is not in the law, but it is used at all levels from everyday to official.
The definition of "maternity leave" appeared after the revolutionary Decree "On benefits for pregnancy and childbirth." mothers new Russia then for the first time they got the opportunity to give birth to children with social guarantees and retain their jobs.
In the modern sense, maternity leave is the time of rest that pregnant women receive for calm bearing, childbirth, and then the opportunity to care for newborns. It will not take much time to complete it - you need to write an application addressed to the head of the organization, attach a medical document issued at the clinic and take it to the personnel officer.
maternity functional divided into two parts and consists of two holidays:
- Leave for pregnancy and childbirth. It is issued at the exact time;
- Leave after birth to care for a child is granted for up to three years.
The first vacation, if the pregnancy and childbirth proceed safely, includes two periods:
- pregnancy;
- Postpartum.
On the basis of a sick leave, a worker on maternity leave receives payments equal to her salary. This allowance is guaranteed to allow the mother not to worry, to support herself and the newborn. The expectant mother will be given rest time and will be paid for in several organizations if she has how many jobs.
All Russian women have the right to a decree who work on a contractual basis. As well as:
- The unemployed who are on the labor exchange;
- Students of secondary and higher educational institutions;
- Women serving in the army in civilian status;
- Foreign women who legally live and work in our country.
On maternity leave, she can only go on her own future mom. This is quite logical, because this time is given to a woman for bearing a fetus and delivery.
But any relative can take care of the child and engage in his upbringing. He draws up this vacation, and mommy has the right to go to work if it is economically beneficial for the family.
What is its duration?
The beginning of maternity leave does not count from the first day of pregnancy, but from the date of sick leave, that is, from the onset of a period when a woman becomes disabled. In the normal course of the process, this occurs at thirty weeks. But it is possible for a pregnant woman to go on maternity leave before this date, a little earlier:
- if tests show that a woman is expecting more than one baby - at 28 weeks;
- if the pregnant woman lives in the territory of an ecological disaster - at 27 weeks.
The table shows the terms of vacation, depending on health, quality of childbirth and living conditions.
Maternity leave table
During the entire duration of the decree the state provides a woman with cash benefits. This is a very important guarantee. In order for you to calculate it correctly, you need to know that:
- maternity leave is all days spent on sick leave from the first day to the last. Regardless of when the child is born, earlier than the time prescribed by the doctor or at another time, the duration of the maternity period in days will remain the same. The birthday of the baby does not affect him. A woman should not worry in this sense about the financial side of the issue, but should only take care of her own and the health of the child;
- maternity allowance is equal to the average salary for two years. This is provided that the pregnant woman worked under an employment contract and received a decent salary;
- the unemployed woman's allowance is equal to minimum size wages (SMIC). Social services should take care of this;
- women who worked for less than six months before pregnancy will receive an allowance, the amount of which is not less than the minimum wage;
- maternity benefit is not subject to any deductions, it is inviolable.
How is it taken into account in the experience
Seniority is the official, documented time during which a woman has worked throughout her life. Today it happens:
- labor;
- insurance.
Labor
Length of service - any work activity of an employee, including the time when she was on sick leave, looked after disabled relatives, was unemployed and took maternity leave and caring for an infant before the age of three. This experience is taken into account when considering wages, holiday pay, sick leave, appoint a pension by age.
Holidays, complete set:
- when a woman was in a pregnant state and gave birth to a child;
- looked after him until a year and a half;
- was engaged in his upbringing for up to three years - they are included in the length of service.
All this is about one child that a woman carried, gave birth to and raised. And how will it affect the experience if a woman gives birth to children one after another and is forced to take several maternity leaves in a row?
Time used for the birth and care of the first child, fully included in service. But the second consecutive leave to care for a child up to 1.5 years of work experience, you need to understand this, will not be included, and is not taken into account when calculating a pension. Despite the fact that a woman does not lose her job and her continuous experience is not interrupted.
What to do? There is a child, you need to take care of him, but you don’t want to infringe on your rights. The output in this case is this. A woman, in order not to lose her seniority and not leave her child to the mercy of fate, can return to work, and maternity leave, in order to care for a second child, will have to be issued to her father.
Insurance
The insurance period is the time when contributions to the Pension Fund were paid for a woman.
At a time when a woman, being in a position, is resting and preparing to become a mother, her law-abiding employer deducts what is required in the PF, so this part of the vacation is fully included in the insurance period.
Then, the employee sits with a child up to one and a half years, and the employer, still pays pension contributions for it, so this time is also included in the insurance period.
But it must be taken into account that the insurance experience will include only caring for four children for a year and a half for everyone. That is, if you have the ability and desire to stay at home and take care of four children, these six years will be taken into account in the insurance period. But if more than five children appear in the family, this period is not subject to accounting. And in this case, perhaps a woman does not want to lose her insurance experience and is eager to work, a father can take care of a large family.
If there are three children in a family, when issuing a care decree, only 3 years out of 4.5 years are entered into the insurance period, 1.5 years are lost. And in this case, if it is important for a young mother not to lose her insurance experience, family members should help her. Grandparents can look after the children in turn.
General
The total experience is the entire professional activity.
Time spent reproducing and raising a child general experience affects like this:
- maternity leave is included in the total experience. It will be taken into account for all cash settlements: sick leave, length of service and the appointment of a pension;
- the total experience will include only 4.5 years used for childcare, regardless of the number of children.
Special
Special - this is a privileged seniority, according to which a woman can retire ahead of the legal deadline if she worked in difficult professional conditions. The time provided for carrying and giving birth to a baby is fully included in the special experience, and will positively affect the ability to retire early.
But the time spent on caring for a child is not included in the special experience if such a vacation did not fall on the period before 1992. Only in this case, it is also fully counted, we must take this into account.
The nuances of getting an internship
Going on maternity leave, a woman should know not only the legislative norms, but also take into account all important nuances in order not to lose valuable time that will affect her future retirement.
- It must be taken into account that in order for the entire time of the decree to be included in the length of service, a woman must work in Russia. Or she can work abroad of our state, but tax deductions are made for her.
- If a misfortune occurred and the baby died within a week after birth, the woman in labor is given time to rehabilitate her physical and mental strength. She will be given the opportunity to sick leave for as many days as necessary, it all depends on the well-being of the woman who gave birth. But not less than 3-7 days.
- You need to know that the time spent on caring for the fifth and subsequent children does not have an insurance period. But it will not go in vain, because a mother of many children secures her retirement five years ahead of schedule. This is a well-deserved award.
- A woman, if desired, can reduce the prescribed vacation on her own. If a hardworking employee feels the strength to work, and there is someone to look after the children, she makes a decision and writes a statement to the manager. In this case, her sick leave is closed, and she will work and receive her full salary. In this case, you will not have to count on the allowance.
- The expectant mother may not go on vacation at all until the very birth, but work for her own good. To do this, you just have to agree with the authorities, write in the application form that she does not want to take sick leave, but will continue to do her job. Then the countdown starts from the moment you go on maternity leave. For all the days of work, the worker receives a salary and does not lose her seniority.
More two indisputable rights of a woman who wants to become a mother to keep in mind:
- the employer during maternity leave cannot dismiss her under any circumstances;
- the boss cannot demand that she go to work ahead of schedule, if this is not the desire of the mother herself.
Given all the knowledge about maternity leave, you need to prioritize and decide what is more important - time spent with a baby or an increase in the length of service for calculating a pension.
Video contains Additional information regarding maternity leave.
? I heard that parental leave is excluded from the length of service for calculating a pension. Is it true?
− Since January 1, 2011, the norm has been in force, according to which the length of service for calculating a pension includes the time spent on parental leave until the child reaches the age of three, but not more than 3 years in total.
Decree of the Cabinet of Ministers of September 8, 2011 No. 252 approved the Regulations on the procedure for assigning and paying state pensions, which explains in detail how the period of child care is counted and what documents it is confirmed by.
It gives an example of the calculation of this experience:
If a working woman with 30 years of work experience, of which 8 years in total was on leave to care for 3 children, then when calculating the length of service for the purpose of a pension, she will be counted in total 25 years (30 - 8 + 3).
Therefore, in accordance with the current legislation a woman has the right to offset in the experience of 3 years of being on parental leave when submitting supporting documents. The procedure for excluding the time of caring for a child from the length of service depends on how the total length of service was calculated when assigning a pension.
So, for example, if the total length of service, according to entries in the work book, was 38 years, including 6 years of being on leave to care for 2 children, then the total length of service for calculating a pension will be 35 years (38 - 6 + 3). If, when calculating the pension, the length of service was 35 years, not including the time of caring for children, then 38 years (35 + 3) are taken to calculate the pension.
However, it is necessary to confirm the period of stay to care for a child so that a longer period than the woman was on such leave is not excluded from the length of service. Their term is set on the basis of a certificate issued by the organization, with copies of orders on granting parental leave and returning from it (paragraph 66 of the Regulations on the procedure for the appointment and payment of state pensions, approved by the Resolution of the Cabinet of Ministers of September 8, 2011 No. 252).
In the absence of such documents, as well as in cases where the orders do not contain the necessary entries or contain incorrect and inaccurate entries about these periods, a certificate of monthly salary for this time is accepted as confirmation.
In the absence of the above documents, confirmed by the archive, the period of parental leave will be:
In these cases, the date of the end of maternity leave shall be taken as the date of commencement of parental leave.
Thus, for example, a woman has 32 years of experience, she has three children ( born in 1986, 1994 and 1995), but she is unable to provide proof of being on parental leave. When calculating the pension, the period of these holidays will be the limit period established by law and given above on the date of birth of each child.
The period of being on parental leave born in 1986 − 1.5 years; born in 1994 − 3 years; born in 1995 − 3 years. Total in general - 7.5 years. Accordingly, the length of service will be counted for calculating the pension: 32 − 7.5 + 3 = 27.5 years.
If, for example, according to supporting documents, a woman was on parental leave for only 5 years, then the length of service is counted: 32 − 5 + 3 = 30 years.
Elena ERMOKHINA,
our legal expert.
The total length of service is the period of labor activity, on which it depends whether a citizen receives an old-age pension. According to the current laws, the length of service for receiving an old-age pension must be at least 5 years. In this regard, those women who are going to become mothers in the near future, of course, are concerned about the following question: is parental leave included in the length of service? Will it not turn out that a woman who has been on several care leave will not be assigned a labor pension?
Let’s first understand what parental leave is. This is the period of rest provided to a woman who has given birth to a child, from the moment of birth until the age of three. By virtue of the provisions of Art. 256 of the Labor Code of the Russian Federation, while a woman is on such a vacation, she retains her place of work. By the way, not only the mother of the baby, but also the father and other close relatives can go on parental leave. The rules specified in the law also apply to them.
In accordance with the provisions of the law, parental leave is counted in the total and continuous work experience and in the length of service in the specialty. Usually it is included only in the length of service required for the early calculation of an old-age pension, but there are exceptions.
As to whether parental leave is considered in determining the length of service required for appointment labor pension old age, it is worth bearing in mind the following. Care leave is divided into two parts, one of which (up to 1.5 years) is paid, that is, the woman receives an allowance, and the other (up to 3 years) is not. When calculating the pension, only the first part of the vacation is taken into account, and only it is included in the insurance period. The other half of the leave for care is equated to a leave without pay, which means that it is not included in the length of service needed to receive a pension.
It follows from the above that care leave is included in the general work experience and continuous work experience, while only up to one and a half years is included in the insurance work experience.
On January 1, 2014, a law came into force, according to which the maximum amount of leave for care included in the length of service increased from 3 to 4.5 years. Changes in legislation allow a woman to take care of three children until each of them is 1.5 years old. In this case, the specified 4.5 years will be included in the insurance period. According to the laws in force earlier, only 3 years were included in the insurance period for a woman, regardless of how many care leave she had.
Such amendments made it possible to increase the possibility of a woman with three or more children receiving an old-age labor pension, because in the future it is planned to amend the law, according to which at least 15 years of service will be required to receive a pension.
Leave for care and special experience of medical and pedagogical workers
Persons who have worked for many years in the field of medicine and education have the possibility of early retirement under certain conditions. One of these conditions is the presence of special experience, that is, the performance of labor activity in the relevant specialty. That is why such workers are concerned about the question: is care leave counted in this length of service?
Whether maternity leave is included in the special experience of doctors and teachers depends on when it was granted, because the legislation on this issue changed repeatedly. Parental leave is included in the length of service required to receive early retirement pedagogical and medical workers in the event that a woman received leave before October 06, 1992, including when it continued after the mentioned date. For example, a woman received a vacation on May 6, 1992. In this case, the entire period of child care, and not just 5 months, will be counted in the experience. Meanwhile, if an employee went on care leave on October 7, 1992 and later, then the leave time will not be taken into account when calculating the special length of service.
If the employee went on vacation before October 06, 1992, its duration is taken into account when calculating the length of service without observing any additional requirements, and even when before the vacation the woman did not work in her specialty, or when after him work in her specialty was not continued.
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