The birth of a child is the most important event in the life of every woman. If you are lucky enough to get pregnant, you probably have a lot of questions related to employment. In particular, one of the most pressing issues is whether maternity leave is part of the work experience. There are many points of view on this score. What is the position of the current labor law? Let's try to figure it out.
What is a decree?
What is meant by the word "decree"? This concept, often used by people, means a woman’s rest associated with childbirth and pregnancy. It is important to note that it is paid. This initiative, however, does not come from the employer. This obligation is enshrined in Russian labor law. However, in official acts, its time frame is described somewhat vaguely. It remains unclear to the end whether maternity leave is part of the work experience.
Birth and pregnancy leave time frames
The decree is granted to a woman for a rather long period. According to the current legislation, a young mother can stay at home:
- 140 days if the case is standard. That is, if a woman gave birth to one baby. At the same time, vacation provides for 70 days of rest before the birth of the child and 70 - after he is born. The exception for complex births is 156 days.
- 194 days if a woman gave birth to more than one baby.
Often there are such cases when the baby is killed during or after birth. And under these circumstances, leave is provided for the restoration of the woman if the child could not survive the first six days. There are no clearly defined rules in this regard in labor law. But anxiety and excitement are unlikely to make a woman think about such serious issues as maternity leave and work experience. The employer has the right to provide leave from three to seven days for the restoration of the employee.
Maternity Leave Act
The duration and procedure for issuing a decree are regulated by the 255th article of the labor legislation of the Russian Federation. The procedure for providing payments to women with children is described in detail in Federal Law No. 81. The calculation of the amount of benefits in connection with childbirth and pregnancy is carried out on the basis of the Federal Law No. 255.
Grounds for granting leave and calculation of payments
In order for the employer to provide the employee with legal leave, she needs to take several steps. The very first and most important is writing a statement. A sick leave is attached to it. If you have a certificate of incapacity for work, you can do without the application itself. However, it is still worth writing if the employee expresses a desire to go on vacation sooner or later, or simply wants to receive longer wages, rather than disability benefits. A young mother has the right to work until the moment of birth.
The amount of benefits is calculated in the accounting department on the basis of the terms indicated on the sick leave and the total payments during the billing period. It refers to the last two years of work at this enterprise. If a woman has changed her job during this time, a certificate of income from previous employers for the past two years will be required. However, it is not the employer who pays the allowance. Funds are allocated by the Social Insurance Fund.
Maternity leave procedure
You must get a certificate of incapacity for work. This certificate is issued in a antenatal clinic where a pregnant woman is observed and registered. This document is issued for a period of 28-30 weeks. Then the woman needs to draw up and sign a statement. The employee must write it on her behalf - each employer has a form. The application should indicate the reasons for going on vacation and its timing.
Next, we should expect the publication of an order in the personnel department. It will indicate the period of vacation, as well as the day when the employee has the right to leave her workplace and leave her job duties. After the birth of the baby, the woman is obliged to provide the employer with documents on the basis of which benefits will be calculated. We are talking about a certificate from a medical institution, a birth certificate of a child, official paper, which indicates that the second parent does not receive such an allowance.
Maternity leave and seniority in Russia
The emphasis should be on the fact that when granting maternity leave there are some differences in the calculation of seniority. The first option implies a period of temporary disability. This happens when caring for a child until they reach one and a half or three years. And in this case, the decree is included in the length of service in full. The second option is partial inclusion in the experience. It is provided for cases when the father or mother take a vacation in turn until the baby is one and a half years old. This one is already called parental leave. The seniority in the decree for this period is counted for a period of not more than three years.
Pension accruals
How does a break at work affect the size of the pension? This question is very important for those employees whose retirement age is earlier. This is especially true for military personnel and teachers. The period of temporary disability (maternity) is taken into account in the experience. In other words, it will be charged during the bearing of the baby and after delivery, when the mom is restored. But despite this, childcare is not included in the experience.
Calculation of experience
Often there are situations when a woman takes several maternity leave consecutively. At the first departure, the scheme for calculating the length of service and benefits is clear. But is maternity leave included in the length of service, if it is not the first? The calculation procedure changes slightly. In this case, both parents are advised to take vacations in turn. It is necessary that the rest is included in the calculation of seniority for calculating a pension. A woman retains a workplace if she takes a vacation again. Continuous experience is also accrued .
So, is maternity leave included in the work experience? This question can be answered unambiguously: the decree is taken into account when calculating seniority and pension. During the holiday time, benefits are paid to women by the Social Insurance Fund. However, the employer has no right to dismiss a young mother who is on vacation when her child is not even three years old. For such special cases, there is legislative protection. Also, upon
dismissal of a pregnant woman, the employer violates the law and is liable, as her right to maternity leave is violated.