The size of the future pension depends on the length of service. For women awaiting the birth of a child, it is important to know whether maternity leave is included in the work experience. This issue is especially acute in large families where both parents are forced to work. The analysis of existing legislative acts in the field of labor and pension relations will help to determine this.
Seniority
The Labor Code of the Russian Federation does not give a specific definition of the term “seniority”. It speaks of its types: labor and insurance. Work experience is divided into general and continuous. Prior to amendments to the Federal Law No. 255 “On Compulsory Social Insurance”, the amount of compensation for sick leave was determined by continuous experience. Today the situation is different - the longer insurance premiums are paid, the higher the sick leave fee. Insurance experience replaced labor. As legislation is updated, the old concept is replaced by a new one, but not yet everywhere. According to the Federal Law No. 400, insurance periods include those periods of work when the employer paid insurance premiums for a working employee, as well as other periods.
Decree
Maternity leave begins when a woman writes a statement and goes on maternity and pregnancy leave. At the end of it, she needs to declare the need for caring for the child, while the age is less than 3 years, or start working. Seniority during maternity leave continues to accrue, as the woman retains the position. They cannot cut it either. When the child reaches 3 years old, she should begin to work. If desired, this can be done earlier or not at all, but then the work will be lost.
Seniority on maternity leave
Now you need to understand what is meant by other periods included in the period of employment. Does the decree apply to them? Article 12 of the Federal Law No. 400 relates to such periods:
- the time when the employee receives payments from the social insurance fund;
- the time when mother is not working, but is at home with a child who has not yet turned one and a half years old.
Is maternity leave included in the seniority? Definitely yes. Then the question arises: from what moment does maternity leave begin to enter it? Payments from the Social Insurance Fund are made in case of disability. The Law on Insurance Pensions does not contain any information regarding maternity leave. At first glance, this issue remains open. However, the order of the Ministry of Health and Social Development No. 91, as well as the norms of the Social Insurance Fund, include the period of pregnancy and childbirth in the length of service.
So, it turns out that the periods will include in the experience when:
- a pregnant woman ceases to work within the time limits established by law;
- a woman takes care of a child until he grows to a year and a half.
Does maternity leave go into the work experience when a woman does not work and takes care of a child? The last year and a half are not included in the seniority.
Decree and pension
According to article 225 of the labor legislation, it refers to a continuous experience all the time while the parent took care of the child. At the same time, the position that was assigned to the woman before the decree is taken into account. Accordingly, this period is taken into account in the formation of the future pension.
Is maternity leave included in the seniority? Out of the entire three-year vacation period, only one and a half years are included in the insurance period, and all three are in the labor period. Now it remains for the parents to decide whether the mother will look after the baby until she is three years old or if she will go to work earlier and retain her experience. But then who will look after the child: a nanny, a kindergarten? Meanwhile, everyone knows that at such a tender age, Mom’s attention is the best.