Does the maternity leave include maternity leave: the opinion of experts

The size of the future pension depends on the amount of work experience. For women waiting for 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 families with many children, where both parents are forced to work. Determine this will help analyze current legislation in the field of labor and pension relations.

Seniority

The Labor Code of the Russian Federation does not provide a specific definition of the concept of "work experience". It says about its types: labor and insurance. The length of service is divided into general and continuous. Prior to the introduction of amendments to Federal Law No. 255 "On Compulsory Social Insurance", the amount of compensation for sick leave was determined by continuous experience. To date, another situation - the longer the insurance premiums are paid, the higher the fee for sick leave. The insurance experience was changed labor. As the legislation is updated, the old concept is replaced by a new one, but not yet everywhere. According to Federal Law No. 400, the periods of work when an employer pays insurance contributions for a working employee, as well as other periods, belong to the insurance period.

Decree

Maternity leave begins with the moment when a woman writes an application and goes on leave for childbirth and pregnancy. At the end, she needs to declare the need to care for the child, until the age is less than 3 years, or start working. Work experience during maternity leave continues to accrue, since a woman holds a position. Reduce it also can not. When the child reaches 3 years old, she must start working. At will, this can be done before or not at all, but then the work will be lost.

Experience with maternity leave

Now we need to understand what is meant by other periods entering the period of work experience. Does the decree apply to them? Article 12 of Federal Law No. 400 to such periods includes:

• Time when the employee receives payments from the social insurance fund;
• Time when my mother does not work, but is at home with a child who has not yet reached the age of 18 months.

Does the maternity leave include maternity leave? Definitely yes. Then the question arises, from when does the maternity leave begin to enter it? Payments from the FSS are made in case of disability. Regarding the release of any information, the law "On insurance pensions" does not contain. 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.

So, it turns out that the experience will include the periods when:

• A pregnant woman does not work within the time frame established by law;
• A woman takes care of a child until he grows up to a year and a half.

Does a maternity leave include a maternity leave, when a woman does not work, but takes care of the child? The last one and a half years in the seniority are not included.

Decree and pension

According to article 225 of the labor law, continuous employment refers to the entire time that the parent takes care of the child. This takes into account the position that was listed as a woman before the decree. Accordingly, this period is taken into account when forming a future pension.

Does the maternity leave include maternity leave? Of the entire three-year period of leave for insurance, only one and a half years enter, and all three in labor. Now it remains for the parents to decide whether the mother will take care of the baby before three years of age or before it will go to work and retain her experience. But then who will look after the child: nurse, kindergarten? Meanwhile, everyone knows that at such a tender age, Mom's attention is best.