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Child care is included in the insurance record. Does the seniority go to a non-working woman sitting with a child up to one and a half years old

The time of the decree is quite long - up to 1.5 or 3 years of the child. It is important to know exactly what effect this maternity period will have on the employee’s work, insurance experience, calculated for various needs.

How the time of the decree for the care of newborns until they reach three years old will affect the appointment and formation of a future pension, the payment of sick leave in subsequent periods and the provision of vacations and other benefits and benefits is described in this article.

In insurance for pensions?

The pension reform of the Russian Federation is undergoing constant changes. Today, the minimum insurance period for the appointment of a pension must be at least 5 years. This period is planned to be increased to 15 years in the future. Many are concerned about the question, is it included?

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At a discount?

Preferential seniority gives the right to early retirement and preferential pension provision.

The categories of citizens eligible for it are determined by the law of the Russian Federation No. 173. These may be persons of certain specialties or working in special climatic conditions.

Therefore, being on maternity leave, consisting of sick leave for pregnancy and care up to 3 years, allows you to count only on vacation days for 140 days of sick leave - that is, for 5 months (11.65 days).

Is a decree up to 1.5 and 3 years taken into account for sick leave?

The length of service for calculating the payment of a temporary disability certificate is an important indicator. It depends on the percentage of payment of hospital benefits.

In addition to work, women also have an additional burden of bearing and raising children. The state provides them with certain benefits during this period, including those related to the calculation of the length of service for the payment of temporary disability benefits. Let's consider them.

10. Periods of stay on maternity and childcare leave up to three years

For women working under employment contracts, the length of service for calculating temporary disability benefits includes periods of maternity leave and parental leave for up to three years (subparagraph 2, paragraph 2 of the Rules of 2007, part 1, article 16 of Law No. 255-FZ, letter of the FSS of Russia dated August 9, 2007 No. 02-13 / 07-7424). The basis for calculating the insurance period are entries in the work book.

We also note that the period of leave to care for a child does not interrupt the employment contract, and the woman retains her place of work (part 4 of article 256 of the Labor Code of the Russian Federation), which is confirmed by an entry in the work book. Moreover, the absence of insurance premiums to the FSS of Russia during this period does not matter.

If a woman was on parental leave before 01/01/2007, it must be taken into account that parental leave was counted as continuous work experience (part 5 of article 256 of the Labor Code of the Russian Federation).

If her vacation fell on the time after the entry into force of Law No. 255-FZ (after 01/01/2007), then the period of work will be included in the insurance period, including the time of maternity leave and part of the parental leave (until the date of dismissal ).

Reason for leaving

Please note: if the employee was on parental leave before 01/01/2007, then it is necessary to calculate the continuous work experience and insurance experience as of 01/01/2007, compare them and accept the longer insurance experience (Article 17 of Law No. 255-FZ). In this case, the reason for dismissal affects the continuity of seniority.

Example 15

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A woman working in Entity A is on maternity leave. While she was on leave to care for a child under three years old, she resigned of her own free will, after the child was three years old, she got a job in organization B. All events occurred before 01/01/2007. Let's define the periods counted in the length of service for calculating temporary disability benefits.

The length of service includes work in organization A, including maternity leave and part of parental leave up to three years (until the date of dismissal), as well as work in organization B.

The break between the date of dismissal from organization A and the date of entry to work in organization B does not interrupt the continuous work experience, but does not count towards it (clauses 1 and 5 of the 1973 Rules).

Example 16

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The conditions are similar to the previous example, except that the employee left due to the liquidation of the organization. Let us determine the periods counted in the length of service for calculating temporary disability benefits in this situation.

It is worth saying that when pregnant women and women with children under the age of three are dismissed, the period from the date of their dismissal to the date the child reaches the age of three years is included in the insurance period for the assignment of state social insurance benefits under the following conditions:

  • the woman was fired due to the liquidation of the organization;
  • the liquidated company does not have a legal successor;
  • there is no possibility of selecting suitable jobs for such workers and providing assistance in employment by the employment service (clause 1 of Decree of the President of Russia dated 05.11.1992 No. 1335 “On additional measures for the social protection of pregnant women and women with children under the age of three connection with the liquidation of enterprises, institutions, organizations" (hereinafter - Decree No. 1335)).

For your information

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Please note that Decree No. 1335 refers, firstly, to the unborn children with whom the employee was pregnant at the time of dismissal due to the liquidation of the organization, and, secondly, to children under the age of three years old who the woman has at the time of dismissal.

The supporting documents for calculating the insurance period in this situation (i.e. until 01/01/2007) are:

  1. a work book with the entry “Fired due to the liquidation of the organization, paragraph 1 of Article 81 of the Labor Code of the Russian Federation”;
  2. a copy of the child's birth certificate.

Birth of a second child while on maternity leave

In practice, situations are not uncommon when an employee, while on leave to care for her first child under the age of three, gives birth to a second child. In such cases, the birth of a second child during the period of leave to care for the first child does not increase the length of continuous work experience, because Decree No. 1335 does not apply to him.

The length of service does not include periods of maternity leave and leave to care for a second child, which falls on the time after the first child reaches three years.

Example 17

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A woman working in Entity A is on maternity leave. During the period of being on leave to care for a child up to three years old, she quit due to the liquidation of the organization. Before the first child was three years old, the woman gave birth to the second. After the second child was three years old, she got a job in organization B. Let's determine the periods counted in the length of service for calculating temporary disability benefits.

Many mothers in 2019, as before, are interested in whether parental leave for a child up to 3 years is included in the insurance period. Based on this, they decide whether to go to work or stay longer with the child, taking care of his upbringing.

Decree

This concept means paid rest, connected, on the one hand, with pregnancy, and on the other hand, with childcare. Women who are officially arranged have the right to count on him. However, not everyone knows whether legal leave to care for a child under the age of 3 years is included in the length of service. To fully understand, you need to understand the duration of the decree. It consists of two components:

  • disability due to pregnancy and childbirth;
  • baby care.

The sick leave may be next.

  1. Usually, it consists of one hundred and forty days: seventy before birth, and seventy after. After the end of the period, a woman has the right to write an application for leave.
  2. If the birth was with complications, then she is entitled not to 140, but to 156 days. Therefore, after giving birth, she will have another 16 days.
  3. If the mother gave birth to twins and more children, then she will receive 194 days.
  4. In the case when the termination of pregnancy or the death of a child who has lived less than 6 days, the woman is given additional time to recover. The minimum is 3-7 days, but the employer can provide any time beyond that.

Maternity leave is issued on the basis of sick leave, which is considered an integral part of the length of service. But he also goes to work experience, also related to length of service. Therefore, the answer to the question of whether leave of this type is included in the length of service is unambiguously positive.

A woman does not have to be on maternity leave for a maximum period. If she writes an appropriate application, she has the right to go to work earlier. Interestingly, not all women are eligible for this benefit. The following categories of people can count on it:

  • officially employed;
  • registered with the employment service;
  • full-time students;
  • conscripts, civil servants.

So, the decree should include two parts of the vacation: before childbirth and after. They follow each other.

Read also Features of the dismissal procedure before vacation

Under the length of service is understood all the time of a citizen engaged in labor activity. But this also includes a certain period when the employee did not work. At the same time, while the mother is caring for the child, maternity leave is included in the length of service for calculating a pension. So, the following components are included in the work experience.

  1. Insurance, that is, a woman is insured for a given period. Therefore, employers continue to pay mandatory fees and contributions.
  2. Pension, with the amount depending on the salary. Payments are transferred to the pension account of a particular person only by those employers whose employees are officially employed.
  3. The inclusion of continuous seniority means that no breaks are expected. However, in a small amount they are possible, for example, in order to get a job. The time is determined based on the specific circumstances of the dismissal, and varies within 3-4 weeks. This type is necessary for sick leave and social payments.
  4. Professional experience is determined on the basis of the specialty, time of work and the area where the woman is employed. It is necessary for early retirement or the establishment of various additional payments.

Important! Also, we must not forget that since 2015 a new procedure has been established, in accordance with which a pension is calculated. The length of service includes the time at which the relevant contributions were paid. But at the same time, this also includes a separate time when the insurance was not paid.

Maternity leave is a period of temporary disability of a parent associated with the need to care for a young child. The financial loss of a temporarily unemployed parent is compensated by the social insurance fund, which reimburses the employer for most of the financial losses associated with the payment of compensation to people on maternity leave.

The period of maternity leave is divided into two periods:

  1. Maternity leave, to which only the mother of the child is entitled. Vacation is granted to a registered pregnant woman upon writing an application from the employer. The minimum paid vacation period is 140 days, of which 70 are pre-natal and 70 post-natal. The leave of a woman who has complications during childbirth is 156 days, and the mother of twins is given 194 days to recuperate.
  2. Parental leave, which may be granted to the mother or father of the child, as well as to any other person who is related to the child and the child's guardian. The vacation period can be from 1.5 to 3 years, depending on the wishes of the parent.

During the period of maternity leave, the employee is allowed to work part-time, as well as remote work, if the mutual need of the employer and employee arises. The terms of maternity leave within the period allotted by law are regulated directly by the employee.

The employer has no right to dismiss an employee who is on maternity leave, as well as force him to return to work early. The employee himself can reduce the period of stay on parental leave or even maternity leave at his own discretion.

Maternity leave and seniority

Article 11 of Federal Law No. 173 regulates whether maternity leave is included in the length of service. If an employee is officially employed at the time of being on maternity leave, he has an open entry in the work book and the employer makes monthly contributions to the pension fund. Thus, during the period of maternity leave, the seniority is accrued to the employee.

Curious facts

According to surveys conducted in Russia, to the question "How long did your maternity leave last?" the answers were distributed as follows: 34% - from 2 to 3 years; 19% - stay at home after the decree; 16% - from 1.5 to 2 years; 12% - from 1 to 1.5 years; 10% - less than 6 months; 9% - from 6 months. up to 1 year.

It is important to know whether seniority on maternity leave goes to people who may prematurely retire on seniority. First of all, such groups of the population include military personnel, teachers and other specialists. It is customary to say that representatives of such professions are credited with a special seniority. The length of service here includes the entire period of maternity leave, but not the period of parental leave.

There are some exceptions when seniority is accrued to a person who has gone on maternity leave in full. We are talking about people who took maternity leave before 10/6/1992.

During the employee's stay on maternity leave, the employer also makes accruals to the pension fund in the amount of a certain percentage of the amount of compensation paid to the employee.

Thus, the period of maternity leave and the first 1.5 years of parental leave are partially compensated by the state to a person. If the parent has expressed a desire to be on maternity leave for more than 1.5 years (up to the 3rd birthday of the child), payments from the social insurance fund are terminated, and the employer from its own budget pays the employee the minimum rate allowed by law for an employee on maternity leave.

According to the decree "On the benefit for pregnancy and childbirth", adopted in Russia back in 1917, it is customary to call maternity leave. In this document, for the first time in the world, a paid leave was established for a woman in connection with the birth of a baby, retaining the right to continue working.

Since 2013, it has been established that the length of service of an employee can include up to 4.5 years, which were spent on maternity leave. Thus, one parent can take care of three children born at different times for 1.5 years and not worry about breaks in work experience. Previously, the maximum period for classifying the period of being on maternity leave as seniority was 3 years.

Maternity leave arrangements

Maternity leave is issued by the mother of the child 70 calendar days before the birth (approximately 6-7 months of pregnancy). It is common practice to combine annual calendar leave with maternity leave, when a woman goes on vacation a little earlier in order to devote more time to preparing for childbirth and avoid stress factors.

Lawyer talks about maternity leave

To apply for a vacation, an application is written in the name of the employer and documents are provided confirming that the pregnant woman is registered. To obtain a calculation for the vacation period, you should contact the accounting department of the enterprise. All payments made by an accountant to a person going on vacation are compensated by the social insurance fund.

The minimum period of maternity leave is 140 days, for each of which the woman receives compensation, the amount of which depends on her annual salary. If a woman already knows that she is pregnant with twins, she can receive compensation for all due 194 days of vacation.

Maternity leave table

Either parent can take parental leave. If the marriage of two parents is not officially registered, in order to issue a decree, the father of the child must officially confirm paternity. The Social Insurance Fund pays a monthly compensation in the amount of 40% of the salary to a person who has gone on maternity leave. The maximum and minimum allowable amounts of compensation are regulated by law.

Only during the first 1.5 years of parental leave, the parent receives financial assistance. Then, on their own initiative, the employee can extend the decree for another 1.5 years or return to work.

All questions of interest can be asked in the comments to the article.

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 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 public employment service and are 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

On the basis of Article 256 of the Labor Code of the Russian Federation, at the request of a woman, she is granted parental leave until the child reaches the age of three. 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 based on 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 experience 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. The periods of military service, as well as other service, 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

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.
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 the Russian Federation from the states - republics of the former USSR Hello! I lived in Kazakhstan until 2004, was there on parental leave in 1992 until 1995, the child was very sick, could not go out, they said write application - we will dismiss, but up to 6 years this will be included in the experience. Came to Russia in 2004, received citizenship.