Legal assistance - is parental leave included in the length of service for vacation, sick leave, pension? How does the "decree" affect the size of the pension: is parental leave included in the pension experience

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 integral part insurance experience. But he also goes to work experience, also related to length of service. Therefore, the answer to the question of whether vacation is included of this type in experience, definitely 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 The procedure for amending the vacation schedule

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 given period. Therefore, employers continue to pay mandatory fees and contributions.
2. Pension, with the amount depending on the salary. Payments are transferred to a pension account specific person only those employers whose employees are officially employed.
3. The inclusion of continuous service 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 required for sick leave and social benefits.
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 new order, according to which the 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.

The birth of a baby an important event in each family. It should be noted that the legislation guarantees working mothers a wide list of benefits and privileges. The most valuable of them is the parental leave. The presented publication will help to get acquainted with all the nuances of providing young mothers with time to rest.

Is parental leave up to 3 years included in the length of service?

Parental leave is defined as the time allotted for a woman to rest. According to the law, the relevant period is three years. In the provisions legal act some nuances of this process are indicated:

• In addition to the mother, other close relatives can receive time off to care for the baby. They are also guaranteed legal privileges. It is possible to use the entire period at once or one by one;
• During rest, a woman retains her place of work;
• Leave to care for an infant is included in both general and continuous and special seniority;
• This period of time is divided into two parts. It may or may not be paid. Up to 1.5 years, a woman receives cash and then no. In addition, the state provides cash payments for 1.5 years.
• In view of the new amendments, the total duration of rest after the birth of children should not exceed 4.5 years in total;
• A person on maternity leave has the opportunity to combine leisure with work at his own request. In this case, the activity will not be carried out full-time. At the same time, birth payments are preserved.

Is parental leave included in the length of service?

The period during which workers are paid insurance premiums defined as insurance experience. The time of caring for a baby is considered non-insurable. However, this period is included in the length of service for the provision of a labor pension. In addition to this, all the time of rest is taken into account.

The exceptions are:

• Child care time will not be included in the length of service if there was no labor activity between the birth of children;
• Also, these intervals can be credited only if the work was performed in Russia;
• When determining pension payments, only the time during which the vacation was paid is taken into account. This term equals 1.5 years.

Is parental leave included in the length of service for a pension?

Parental leave is included in the length of service for a pension, if all provisions of the law are complied with. On the basis of legal acts, a person on maternity leave retains a place of service, and the employment agreement continues to operate. You should know that the rest time received by a woman will be included in all types of seniority.

Does seniority include leave to care for a disabled child?

The time during which a family member takes care of a disabled child of the first group is included in the length of service. The period of caring for a disabled person is included in the insurance period only if labor activity was carried out before that time.

early retirement in such a case possible if:

• Care for the disabled has been going on for eight years;
• If he is declared incompetent;
• Insurance deposits are made for 15 years. This period also includes the time of caring for a disabled person;
• At the age of 50.

Is parental leave included in the length of service for vacation

If necessary, go to maternity leave the place of service is retained for the workers. Leave to care for a child is credited to continuous, general and special seniority. In accordance with the Labor Code of the Russian Federation, at the end of the specified period, a woman has the right to receive an annual rest period. The key point is the work of a woman after the birth of a baby, subject to a reduced working day.

If the key point is observed, then you should get a day off subject to certain rules:

• It is necessary to draw up a written application and address it to the employer;
• You can take time to rest without taking into account the duration of work in the organization;
• When granting a decree, it should be taken into account that there are additional days for days off during recent years, as well as the limits of the current year;
• You can use all unused days to include them in the day off;
• It is not possible to take days off for future days off.

How many years of parental leave are included in the seniority

The length of parental leave is 3 years.
This interval is divided into two parts:

• The first part of such period is paid by the organization;
• The other half is not paid.

The period of stay on maternity leave is included in all types of seniority. The corresponding period is three years. The law notes the possibility of a woman to take time off to take care of children for no more than 4.5 years in total. At the same time, the main condition is the continuation of work between decrees.

Decree - what is it and how is it regulated

A decree is a paid leave granted to an employee who is in the last months of pregnancy. He needs it so that she can calmly spend recent months pregnancy and gave birth to a child.

• if delivery went without problems - 140 days;
• if there were complications - 156 days;
• if a woman in one day became a mother of two or more babies - 194 days of rest.

The employee goes on maternity leave on the basis of sick leave. This document is issued to her by a doctor in antenatal clinic, in which she is registered for pregnancy. Since the young mother is insured in the health insurance system, the ballot is payable. The amount of payment is 100%. It doesn't matter how many years she has worked. There is an indication of this in the Federal Law No. 255-FZ "On Compulsory Social Insurance".

Does the decree count?

Since many women are concerned about the question of whether the decree is included in the seniority, let's try to figure it out.

According to Art. 11 FZ No. 173-FZ "On labor pensions”, seniority is the duration labor activity person. It is necessary for the appointment of an old-age pension.

In Art. 11 FZ refers to the insurance experience. It includes all periods during which a person was considered an insured person and the employer made the necessary contributions for him. This also includes the decree, since at this time contributions to the FIU are deducted. Accordingly, the answer to the question of whether maternity leave is included in the work experience is positive.

The decree is also fully included in the duration of work required for early retirement (teachers, military personnel and other specialists have the right to this).

child care period

In addition to the decree, women have the right to take parental leave. This time the mother can devote to raising the baby. Care leave until the child reaches 1.5 years of age is included in the length of service. But its duration should not be more than 6 years (for example, if she gave birth to a child 4 times in a row every year and a half - a total of 6 years).

For early retirement, the period of care for an infant will not be taken into account. But there is one important point: if it fell on the period before October 06, 1992, it will be fully counted in the special experience required for the appointment of a long service pension.

A woman can stay at home until the child is 3 years old. Is the seniority on maternity leave all this time? Partly yes, partly no:

• the first 1.5 years of rest are paid by the employer in accordance with the law;
• the next 1.5 years are not subject to payment. Also, this time is not taken into account when calculating the duration of work for a pension.

Work experience during parental leave

Successfully combine career, family and motherhood Russian women the norms of the Labor Code help in many ways. It is they who give the mother the right to take care of the child quite long time and not worry about the possible loss of a job (and also receive additional holidays before decree). And if the position from the employee does not go anywhere, then with work experience everything is not so rosy.

What is included in the length of service according to the Labor Code of the Russian Federation?

According to the code, seniority is all periods of a person’s work, and breaks in the performance of work functions, when insurance premiums (pension, medical insurance, accidents at work) were regularly and in full amount accrued and paid for the worker.

In the insurance period, some breaks in the employee's working life are also counted:

• 1. Days of disability.
• 2. The months in which the person was eligible to receive unemployment benefits.
• 3. Service in the army, internal troops and bodies of the Ministry of Internal Affairs.
• 4. Vacation or more a long period caring for a newborn child (one and a half years in total) or for a close unhealthy relative, not younger than 80 years old.
• 5. Employment in public or elected positions
• 6. Time of unreasonable condemnation.

All breaks are included in the total duration of work only if they were preceded by days of employment.

Study time will be counted in working years only when a working student received education in absentia, without excommunication from work or in the direction of an employer, and in the meantime, the average income was left untouched for him.

Continuous work experience according to the labor code

Until 2018, it was important to observe and count the continuous working period of an employee. The procedure for calculating sickness benefit depended on this. Now such a link does not exist, when calculating benefits, the law no longer takes into account whether the duration of work at the enterprise was interrupted.

Today, continuity is important only in a professional sense and in some companies, where they encourage continuous work without changing jobs and make the amount of bonuses for service inextricably dependent on this.

If the mother works in a specialty for which early retirement is provided, or this is important when calculating allowances for working conditions, then it will be useful for her to know that the length of service during parental leave will be counted as continuous for her. On this topic, it is useful to read an article about leave to care for a child under 14 years old (Labor Code of the Russian Federation).

In addition, even the hours worked will be considered continuous when a person did not work for objective and valid reasons, if the break was not longer:

• 30 days after the calculation in the order of transfer from the previous place, the entire period of experience is not interrupted;
• 21 days of experience is considered continuous for those who left on their own initiative without indicating other good reasons;
• unlimited, when one of the spouses paid off to go to work in a remote area or region requiring relocation beyond their half, then the insurance period will also be considered continuous.

Pregnant women should not worry about the continuity of their work in their specialty, even if she herself is fired, including at her own request. The professional period of her work will be considered continuous until her child reaches the age of 14, and sometimes 16, if the medical commission recognized him as disabled.

Does work experience include parental leave?

The burning question of whether the length of service is interrupted, whether parental care leave for underage offspring is included in the general insurance period, traditionally worries all women. This is especially true for those who are going to go on such a vacation for the very first time.

While the employee is forced to stay on maternity leave, the days of incapacity for work before childbirth (70 days) and after them (70 days), all added days of sick leave, if any, are included in the length of service. Further leave for necessary care for the newborn will be credited only partially.

Does the insurance period include parental leave up to 3 years

The concept of insurance duration of work is inextricably linked with the payment of social contributions. For the appointment of pension maintenance and the calculation of other benefits, the continuity of the period is not important, but dial up to right age required number working years every working citizen should.

The Labor Code of the Russian Federation gives our woman the opportunity to calmly be on a long-awaited leave to care for a child up to 3 years old, but, ultimately, only a year and a half, which, according to the code, are payable, will be included in the calculation of the pension.

Up to 1.5 years

Wondering if it's wise to rush to work you love ahead of schedule, a woman must clearly understand whether parental leave is included in the insurance period.
The first three years the place of work and position is preserved, the insurance period accumulates only for one and a half. True, there is an exception to the described rule: to use the right to include leave for compulsory care for a child is possible on average four times (the total duration of such periods should not exceed six years).

Great care time own child should not be poisoned by thoughts that before retirement or early retirement, the insurance period may not be enough. The guarantees prescribed in the Labor Code of the Russian Federation help mothers not to worry about such reasons for at least a year and a half. An earlier exit from the decree is the independent decision of the woman, and it can be dictated only with her own desire or career plans.

Maternity leave in 2018

Related Articles

Maternity leave (maternity leave) in 2018 should be paid taking into account the new indicators. We will tell you how maternity leave is calculated in 2018, how to transfer payments and benefits, taking into account new rules and laws.

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New law on maternity leave in 2018

In 2018, the same rules for calculating maternity leave apply as before, since no new law has been adopted. Indeed, when calculating maternity allowance take into account changes in indicators, in particular:

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• years of the billing period;
• the maximum amount of allowable payments for the billing period;
• the minimum wage.

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Read more about the changes in benefit calculations in the article "New benefit limits in 2018".

How to pay maternity leave in 2018

Minimum and maximum size in 2018

Maternity allowance

Minimum - 43,675.4 rubles. ((9489 × 24) : 730 × 140)

Maximum - 282,493.15 rubles. ((718,000 + 755,000) : 730 × 140)

The minimum allowance for working women depends on the size of the minimum wage, which as of January 1, 2018 is 9489 rubles. (until December 31 it was 7800 rubles)

Unemployed women are paid a fixed amount

Allowance for registration in early pregnancy

Paid for registration up to 12 weeks of pregnancy

One-time allowance at the birth of a child

Can get mom or dad - to choose from

Monthly allowance for caring for a child up to 1.5 years

• for the first child - 3795.60 rubles;
• for the second and subsequent children - 6327.57 rubles.

Maximum - 24,536.57 rubles.

It is 40% of the average earnings of one of the parents in two years.

Another relative caring for the child (for example, a grandmother) can also receive the allowance.

Maternity leave in 2018

There is no concept of "maternity leave" in the legislation. Some under such leave mean two paid leaves for mothers - maternity leave and leave to care for a child up to one and a half years. But usually maternity leave is called maternity leave. And leave to care for a child is considered to be "children's".

Vacation period. The maternity benefit is paid to the employee for the period of maternity leave. Duration is calculated in calendar days. Weekend and holidays included in the total vacation days.

If an employee wants to receive both a salary and benefits during the maternity leave, see in what cases this is possible in the article “How to pay for work on maternity leave so that the employee receives benefits".

Table 1 Length of maternity leave

* Number of days since the birth of the child(ren).

Leave may be less. The employer is obliged to grant maternity leave to the employee from the date specified in the application. This date may not coincide with the date of issue of the sick leave. During the time of work, the pregnant woman receives a salary. The maternity allowance is calculated only for the days of maternity leave.

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Taking maternity leave in 2018

Maternity leave is issued on the basis of an application from the employee and a certificate of incapacity for work (part 1 of article 255 of the Labor Code of the Russian Federation).

Sample application letter for maternity leave

How is maternity leave calculated in 2018

See the step-by-step algorithm for calculating maternity benefits in Table. 2 below. It is used when calculating benefits with an insurance period of more than six months.

Table 2 Algorithm for calculating maternity benefits in 2018

You can replace the years of the billing period if they had maternity leave or parental leave up to one and a half years. Replacement of years should increase the amount of benefits

You can replace years not with any years, but only with years immediately preceding the billing period

Part 1 Art. 14 Law No. 255-FZ

Letter of the Ministry of Labor dated 03.08.2015 No. 17-1 / OOG-1105

Consider payments for which contributions to the FSS are accrued

For new employees, take information about earnings from certificates from previous employers

Part 2 Art. 14 Law No. 255-FZ

Of the total calendar days in 2017 and 2016 (731) subtract the days:

• temporary disability;
• maternity leave;
• parental leave;
• release of an employee with full or partial salary, if she did not accrue contributions to the Social Insurance Fund

In 2018 - for 2017 and 2016. Years cannot be changed at this stage.

RUB 1,473,000 (755,000 rubles + 718,000 rubles)

Divide the stride score of 8 by 730

2017.81 RUB (1,473,000 rubles: 730)

Excluded days cannot be subtracted from 730 for the purpose of calculating the maximum

Step 11 Compare with the average daily wage from the minimum wage

Choose a larger value

The average daily wage from the minimum wage is 311.97 rubles. (9489 rubles × 24: 730)

Step indicator 7 ≥ 311.97 rubles.

This action is performed if there are no accounting payments in the billing period or their amount is small

Part 1.1 Art. 14 Law No. 255-FZ

Para 15(3) of Regulation No. 375

FSS Letter No. 14-03-18/05-2129 dated March 11, 2011

In steps 4, 8, and 10, use the new metrics:

• the maximum amount of the taxable base for the years of the billing period (2016 and 2017);
• Minimum wage - 9489 rubles. It is used when calculating the average daily wage from the minimum wage (clause 15 (3) of the Regulations approved by Decree of the Government of the Russian Federation of June 15, 2007 No. 375, hereinafter - Regulation No. 375).

If the worker has less than six months of insurance experience, limit the total benefit amount. It cannot be more than the minimum wage for a full calendar month. increase the minimum wage by district coefficient if it is installed in your area (part 3 of article 11 of Law No. 255-FZ).

From January 1, 2018, the federal minimum wage increases. Therefore, in 2018, be sure to consider the new value. In addition, benefits will have to be recalculated for all maternity workers with an experience of up to 6 months, whose maternity leave began and was paid in 2017, and ends in 2018.

For a better understanding, below we have given two examples: on establishing the amount of maternity leave depending on the minimum wage in 2018 and on recalculating benefits due to an increase in the “minimum wage”.

Example #1. Calculation of maternity allowance in 2018 from the minimum wage with an experience of less than 6 months

Manager Petrova O.M. has been working at Lastochka LLC since February 2018, before that she had not worked anywhere. On June 1, 2018, an employee goes on maternity leave for 140 days.

By the beginning of the decree, Petrova's experience is less than 6 months.

LLC "Lastochka" does not apply regional coefficients.

Since Petrova had no payments in 2016 and 2017, the accountant calculated the average daily earnings from the minimum wage. It is equal to 311.97 rubles. (9489 rubles × 24 months: 730 days). The maternity allowance is calculated from 100% of average earnings.

Petrova's maternity leave lasts from June 1 to October 18, 2018 inclusive. The maximum amount of daily allowance in July, August and October is 306.10 rubles. (9489 rubles : 31 days). This means that for these months you need to take a maximum (306.10 rubles.

In June and September, the maximum is 316.30 rubles. (9489 rubles : 30 days). The average earnings are within the norm, so you need to take it into account for these months.

Total allowance for 31 days in July, 31 days in August and 18 days in October, the accountant accrued from the maximum amount of 306.10 rubles. And for 30 days in June and 30 days in September - from an average salary of 311.97 rubles.

The total amount of the allowance was 43,206.20 rubles. (24,488 rubles + 18,718.20 rubles) \u003d [(306.10 rubles × (31 days + 31 days + 18 days)) + (311.97 rubles × (30 days + 30 days))].

Example #2. Recalculation of maternity due to changes in the minimum wage from January 1, 2018

Secretary Kazakova A.N. went on maternity leave from November 1, 2017 to March 20, 2018 inclusive (140 days).

Employee has less than 6 months of experience. In November, the accountant paid maternity leave.

The billing period is 2015 and 2016. During this time, the maternity worker has no earnings.

The accountant calculated the average daily earnings for calculating benefits based on the minimum wage at the beginning of the decree (since the woman had no earnings during the billing period). The result of the calculation is 256.44 rubles. (7800 rubles × 24 months: 730 days).

Since Kazakova's insurance record is less than six months, she is entitled to a benefit of no more than one minimum wage for a full calendar month.

Vacation lasts four full months from November to February, as well as 20 days in March.

According to the calculations of 2017, the maximum amount of daily allowance in December, January, March is 251.61 rubles. (7800 rubles : 31 days). This means that for these months you need to take the maximum (251.61 rubles.

November and February average earnings fits into the norm (maximum 260 rubles (7800 rubles: 30 days) and 278.57 rubles (7800 rubles: 28 days), respectively), so it is necessary to take into account for these months.

The total allowance for 30 days of November and 28 days of February was calculated by the accountant from the average earnings of 256.44 rubles. And for 31 days of December, 31 days of February and 20 days of March - based on a maximum of 251.61 rubles.

The total benefit paid in November 2017 amounted to RUB 35,505.54. (RUB 20,632.02 + RUB 14,873.52) = [(RUB 251.61 × (31 days + 31 days + 20 days)) + (RUB 256.44 × (30 days) + 28 days)))].

From January, the minimum wage will be 9489 rubles. Therefore, the maximum allowance from January to March must be recalculated (note: not the average value itself). The new highs are:

• in January and March 2018 - 9489 rubles. : 31 days = 306.10 rubles;
• February 2018 - 9489 rubles. : 28 days = 338.89 rubles.

Now, taking into account the increased maximum, in January and March, the average value must be taken for payment (in February, the average earnings were initially taken into account).

The accountant needs to recalculate the employee's allowance for January and March based on average earnings. The old amount of the allowance for January and March is 12,832.11 rubles. . After recalculation - 13,078.44 rubles. . The surcharge turned out to be 246.33 rubles. (13,078.44 rubles - 12,832.11 rubles).

maternity leave in 2018

Payments subject to social contributions. When calculating benefits, take into account the total earnings from all places of work for the years of the billing period. IN this case note two conditions (steps 3-5 in table 2 above):

• take into account payments for which insurance premiums are charged in case of temporary disability and in connection with motherhood (parts 2 and 3.2 of article 14 of Law No. 255-FZ);
• for each year of the billing period, the amount of payments should not exceed the maximum base for insurance premiums.

Considered payments for the replacement of years. If there was a replacement of years, then take into account amounts that do not exceed the maximum bases for calculating contributions in years taken to replace .

Are maternity leave and parental leave up to 3 years included in the main work experience?

Does a mother of 3 children have the right to retire at 50?

How much work experience does a mother of 3 children need to have in order to retire?

1. Pension provision of citizens in Russian Federation from 01.01.2015 it is regulated by the Federal Law of December 28, 2013 N 400-FZ "On Insurance Pensions" (hereinafter - Law N 400-FZ).

In accordance with paragraph 2 of part 1 of Art. 12 of Law N 400-FZ in the length of service on a par with periods of work and (or) other activities, which are provided for in Art. 11 of Law N 400-FZ, the period of receipt of benefits for compulsory social insurance during the period of temporary disability is counted.

During the period when a woman is on maternity leave, provided for in Art. 255 of the Labor Code of the Russian Federation, she is paid an allowance for state social insurance on the basis of a disability certificate issued on the occasion of temporary disability.

Thus, maternity leave is included in the length of service as a period of receiving benefits for compulsory social insurance during a period of temporary disability.

In addition, the insurance period includes the period of care of one of the parents for each child until he reaches the age of one and a half years, but not more than six years in total (clause 3, part 1, article 12 of Law N 400-FZ).

Inclusion in the insurance period of leave to care for a child from one and a half to three years is not provided for by the current legislation.

It should be noted that on the basis of Part 8 of Art. 3 of Law N 400-FZ when calculating the insurance period in order to determine the right to insurance pension periods of work and (or) other activities that took place before the date of entry into force of Law N 400-FZ and were counted in the length of service when assigning a pension in accordance with the legislation in force during the period of work (activity) may be included in the specified length of service with application of the rules for calculating the relevant length of service provided for by the specified legislation (including taking into account the preferential procedure for calculating the length of service), at the choice of the insured person. Until January 1, 2002, the Law of the RSFSR dated November 20, 1990 N 340-1 “On state pensions in the RSFSR" (hereinafter - Law N 340-1). According to paragraph "c" Art. 92 of Law N 340-1, the total length of service included periods of care of a non-working mother for each child under the age of three years and 70 days before his birth, but not more than 9 years in total.

Based on the foregoing, we believe that if the leave to care for a child under three years of age proceeded before January 1, 2002, the entire three-year period should be included in the insurance period (see, for example, the decision of the Kazan district court Tyumen region dated March 21, 2016 in case No. 2-135/2016).

2. Active pension legislation it is stipulated that, subject to a number of conditions, a woman who has given birth to three children, upon reaching the age of 50, is entitled to an early old-age insurance pension.

So, according to Art. 32 of Law N 400-FZ, an old-age insurance pension is assigned before reaching the age established by Art. 8 of Law N 400-FZ, women: who raised a child with a disability from childhood until they reach the age of 8 years (clause 1, part 1, article 32 of Law N 400-FZ) or who gave birth to two or more children and worked at least 12 calendar years in the regions of the Far North or at least 17 calendar years in areas equated to them (clause 2, part 1, article 32 of Law N 400-FZ), if they have the necessary insurance experience * (1).

In the situation under consideration, a woman who gave birth to three children does not raise (la) a disabled child, and also did not carry out (s) activities in the regions of the Far North or areas equivalent to them, respectively, the right to early appointment of an old-age insurance pension upon reaching 50 years she does not have.

3. According to Part 1, 2 Art. 8 of Law N 400-FZ, women who have reached the age of 55 have the right to an old-age insurance pension, if they have at least 15 years of insurance experience, as well as the value of the individual pension coefficient * (2) in the amount of at least 30.

Since in this situation the mother of three children is not entitled to an early old-age insurance pension, she will be able to retire when she reaches the age of 55. A prerequisite in this case will be the presence of at least 15 years of insurance experience.

In the absence of the required insurance experience, she will be assigned social pension old age in accordance with the Federal Law of December 15, 2001 N 166-FZ "On the state pension provision In Russian federation".

Thus, in order to assign an old-age insurance pension, a mother of three children must have at least 15 years of insurance experience.

*(1) Insurance experience is the total duration of periods of work and (or) other activities for which insurance premiums were accrued and paid in Pension Fund RF, as well as other periods counted in the length of service (clause 2, article 3 of Law N 400-FZ).

*(2) Individual pension coefficient- parameter reflecting in relative units pension rights of the insured person for the insurance pension, formed taking into account the insurance premiums accrued and paid to the Pension Fund of the Russian Federation for the insurance pension, intended to finance it, the duration of the insurance period, as well as refusal to certain period from receiving an insurance pension.

Legal Consulting Service Expert GARANT

Leave to care for a child up to 3 years in 2018

According to Article 256 of the Labor Code of the Russian Federation, women who have given birth or adopted a child are granted the right to parental leave until they reach three years of age. Upon application, they are granted leave and state social insurance payments for the period of vacation, the terms of payments and amounts are determined by federal laws and in most regions are paid until the child reaches 1.5 years of age.

An officially employed woman is granted parental leave after graduation. maternity leave (maternity leave). For a non-working mother, parental leave begins from the day of his birth.

For parental leave:

• payment is assigned monthly allowance caring for a child up to 1.5 years;
• a woman has a place of work and a position;
• a woman also has the right to work part-time during vacation, with the preservation of all payments;
• vacation time is counted in the insurance period and in the length of service in the specialty.

Who is entitled to a monthly allowance during parental leave

Vacation can be used in whole or in part. In the event that a woman goes to work ahead of schedule, upon application, leave can be granted to any of the number of close relatives or representatives (guardians) who are actually caring for the child. In this case, it is necessary to present a certificate from the mother's place of work stating that she has taken a full-time job and does not receive child care benefits.

Parental leave may be granted to the father of the child or the person who actually takes care of the child, if the mother is unable to perform her duties due to illness. In this case, it is necessary for the woman to apply to the employer with a statement on the termination of the vacation. In the event that a woman, for health reasons, cannot independently carry the application, this can be done by any family member upon providing an identity card. That is, in a standard situation, parental leave is granted alone, but the question of who will use it is decided taking into account expediency.

In the event of the birth of twins, parental leave may also be granted to the father of the children or another relative caring for the second child.

Where child allowance is assigned up to 1.5 years for the period of vacation

The legislator provides for the appointment of childcare benefits for both working (officially employed) and non-working citizens.

Employed citizens apply for benefits at the place of work, providing required package documents. The allowance is paid to family members or citizens who actually care for a child until he reaches one and a half years. If care is provided by several family members, in accordance with the Federal Law of the Russian Federation “On State Benefits for Citizens with Children”, the allowance is paid to one of them.

In some regions of the Russian Federation, child care benefits are paid by the Social Insurance Fund, but documents are still submitted at the place of work.

Citizens who are not in official labor relations apply for childcare allowance to the authorities social protection at the place of residence - USZN.

Citizens eligible for unemployment benefits and child care benefits receive one of two types of benefits of choice. The allowance for officially unemployed citizens begins to be paid from the first birthday of the child.

The right to the child care allowance is maintained during part-time work and for the period of study.

Learn more about applying for grants and required documents in the article Monthly allowance for the care of a child up to 1.5 years.

Parental leave and payments from 1.5 to 3 years

According to the Decree of the President of the Russian Federation of May 30, 1994 No. No. 1110 "On the amount of compensation payments to certain categories of citizens", from January 2001 paid compensation payments in the amount of 50 rubles* the following categories citizens:

• Mothers who are in official labor relations with any organizations of any organizational and legal form;
• female military personnel on parental leave;
• Unemployed women who were dismissed while on maternity leave or parental leave due to the liquidation of the enterprise, who do not receive unemployment benefits;
• Other representatives (relatives, guardians) who actually take care of the child until the age of three and are in official labor relations.

*We are talking about compensation, which is 50 rubles per child, multiplied by regional coefficients. Some regions raise the level of payments to 2,000 rubles.

The payment of compensatory benefits begins from the moment the application is submitted in the established form and is paid from the company's funds intended for wages.

In accordance with the current legislation, a woman has the right to be on leave to care for a child up to 3 years, while the allowance is paid until the child reaches 1.5 years. And the majority do not manage to go to work earlier, because the queue in kindergartens is another well-known problem for parents. And yet, some families with children can count on additional support from the state during this period:

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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 for whether care leave is considered when determining the length of service required for the appointment of an old-age labor pension, the following should be borne in mind. 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 required to receive a pension.

It follows from the above that in the total length of service and continuous experience care leave is included, while the length of service is only up to one and a half years.

On January 1, 2014, a law came into force, according to which the maximum amount of care leave 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 indicated 4.5 years will be included in the insurance period. According to previous laws, 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, subject to certain conditions. One of these conditions is the presence 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 the 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 caring for the child, and not just 5 months, will be counted in the experience. Meanwhile, if the employee went on 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 complying with any additional requirements, and even when the woman did not work in her specialty before the vacation, or when work in the specialty was not continued after it.

The parent must send an application about the desire to work “not at full capacity” to her management and indicate the basis for such a request - parental leave. If there are no obstacles to allocating a certain amount of work to a newly-made mother, the employer has no right to refuse. At the same time, he will be obliged not only to pay wages for the work actually performed, but also to maintain the due monthly benefits. Additional information You will find information on how to arrange an employee's exit from parental leave in this section. About experience Another important question: is the length of service included, leave to care for a child under 3 years old? Does it count? The Labor Code gives a completely exhaustive answer.

Does the experience of caring for the children of a non-working mother include

Thus, this period of caring for a child must be included in the length of service for calculating a pension. Also, paragraph 2 of this article states that the period of caring for a child is counted if “they are counted in the length of service if they were preceded and (or) followed by followed by periods of work and (or) other activities (regardless of their duration). That is, immediately before the birth or after the end of the period for caring for the child, there was work. To legitimize this period, I consider it necessary to contact the Social Insurance Fund (I could be wrong, but it seems that this service deals with benefits for pregnancy and care) in order to obtain a certificate or other document confirming this period.
0 + Thank you Source: ATP "Consultant Plus" Federal Law "On Labor Pensions in the Russian Federation" Author Maxim 02 Oct.

Vote:

I want to draw the moderator's attention to this message, because: A notification is being sent... Good people, give me as much knowledge as you can... Natalie nat-a-ly@ The government instructed to develop the Rules for counting fear. the experience of the Ministry of Health and Social Development, which was both executed and approved by the above order. I repeat once again: retirement experience(general labor) and insurance are two different things! I want to draw a moderator's attention to this message because: A notification is being sent...

Maria Russia, Moscow #7 November 21, 2011, 10:42 am I'm dumb, sorry…. I'm stupidly quoting the federal law that child care is included in the insurance period. I checked the wording of the law on different sites - they match (otherwise you never know what mistake they will write on any one site).

Those. it turns out that there is a federal law on the calculation of the insurance period.

Labor and childcare

How long does it take? The duration of parental leave is determined by the woman herself. Vacation can be interrupted at any time at the request of a young mother to go to work, but no later than the date when the baby turns 3 years old. Can I take parental leave after returning to work? Important! Before the child is 3 years old, a young mother can go on vacation and leave it an unlimited number of times.
Registration Who can be on this vacation? In order to receive legal maternity leave, a number of nuances must be observed. Mom Mom is required to:

1. An application addressed to the head of an enterprise or department, in which she asks for parental leave for the period necessary for her (one and a half or three years) and assigns the payment of the monthly child care allowance due to her.

Does the length of service include leave to care for a child under 3 years old?

Important! If a young mother does not refuse breastfeeding, but it is necessary to go to work, then Labor Code established her right to breaks intended for feeding (30 minutes every 2 hours). This is convenient for moms whose place of work is within walking distance from home. These breaks will not affect wages in any way. The same applies to other family members who are on parental leave. Some women while on parental leave want to continue exercising work activity without breaking away from the upbringing of a newly appeared family member. The legislation provides such an opportunity and offers the employer to provide the newly-made mother with a part-time job or the performance of her work functions at home.

Does the length of service include childcare time if you have not worked before?

How to be in that case? The federal law of 2011 states that the following periods can be counted in the seniority: 1) the period of caring for a disabled person of the first group and the elderly 80 years and older; 2) the period of being registered for unemployment; 3) the period of caring for each child up to one and a half years and others. At the same time, the law states that these periods are taken into account only if there is work experience before or after the specified period. This wording sounds ambiguous, since it is not specified that the periods of work must immediately precede the period of involuntary unemployment, or that these periods may be separated by a certain time interval. Consider the situation to which paragraph 3 of Art. 11 of this Law.
There are times when the expectant mother, under certain pressure from the employer, has to leave work.

It is for this reason that our country provides for parental leave. He is social guarantee for a working woman. Although the mother herself can refuse it. Important! For young mothers who did not work before the birth of the baby or were not officially employed, such a guarantee does not apply.

1. Behind the scenes, all the time allotted for caring for a baby can be divided into 2 periods: before the culprit is 1.5 years old and after (up to 3 years of age).

   This division is due to the fact that the first period is paid, and the second is actually not.

2. Any officially employed family members who directly “sit” with the child can use it.

Attention

If during these 2 years the woman was on sick leave, was on maternity leave or did not work, but she kept her earnings, then these days are summed up and not taken into account. For the 2nd child, the amount of the payment has been significantly increased, and its minimum is 5817 rubles 24 kopecks. The same amount is due non-working mother. For working parents, the amount of the allowance will be calculated in the same way as for the first.

But it will be no less than for the unemployed. Now about twins or triplets. Care allowance is paid for each born baby separately. You will find more detailed information in the following articles: "How to calculate the allowance for the second child?", "How to apply for the allowance for the care of the third child?". Therefore, a mother or other relatives raising newborns will actually receive not 40% of earnings, but already 80% for twins, 120% for triplets, and so on. There is one caveat.

Does the seniority go to a non-working woman sitting with a child up to one and a half years old

• Civil law
does it matter if I was working at the time of the baby's birth or not. The local FIU said that if you didn’t work, then the years of leaving do not go into experience. I have a total work experience of 13 years. From December 2000 she did not work due to the move, and from August 2001 to May 2003 she was registered in the social security for caring for a disabled person (for her mother).

The payment was transferred to my mother for retirement. There are no labor records for this period. In July 2002, a child was born, in June 2004 - the second, in February 2007 - the third. Will periods of childcare (1.5+1.5+1.5 years) be included in the seniority to retire at age 55? I am born in 1968.

Sincerely, Svetlana.

You can add a topic to your favorites list and subscribe to email notifications. Maria Russia, Moscow #1 November 21, 2011, 2:32 No ratings 23&catid=163&Itemid=220), which, according to the law, even if a woman does not work (housewife), her experience (at least total) includes 1.5 years of caring for a child (it seems to be limited to 5 years in total, but I have situation with 1 child). It does not matter what the interval between the period of this care and periods of work.

Is it so? Is this period included in the length of service? (and you never know what they will write, especially since the laws are fickle, like the heart of a beauty ...) I want to draw the attention of the moderator to this message, because: A notification is being sent ... Good people, give as much knowledge as you can ...

Moscow #3 November 21, 2011, 10:06 am I am an absolutely ignorant person in personnel matters, so I am afraid to say “I think you are wrong”. Let me formulate my doubts in the following form: in the text I found on the Internet federal law“On labor pensions in the Russian Federation” dated 2001, text with amendments and additions for 2010, Article 11 says (I quote): Article 11. Other periods counted in the insurance period 3) the period of care of one of the parents for each child until he reaches age of one and a half years, but not more than three years in total; experience? The fact is that on the Internet, indeed, in the vast majority there is an answer that this period is not included.