Child care is included in the pension period. Is leave to care for a disabled child included in the length of service?

Igor, hello.

This leave is included in the general length of service, but there are some special features, for example, when included in the length of service, it gives the right to early assignment of an old-age pension.

Letter of the FSS of the Russian Federation dated 08/09/2007 N 02-13/07-7424

In accordance with paragraph 1 of Art. 16 of the Federal Law of December 29, 2006 N 255-FZ “On the provision of benefits for temporary disability, pregnancy and childbirth to citizens subject to compulsory social insurance” and clause 2 of the Rules for calculating and confirming the insurance period for determining the amount of benefits for temporary disability and pregnancy and childbirth, approved by Order of the Ministry of Health and Social Development of Russia dated 02/06/2007 N 91, registered with the Ministry of Justice of Russia on 03/14/2007 N 9103, the insurance period includes: periods of work under an employment contract; periods of state civil or municipal service; periods of other activities during which a citizen was subject to compulsory social insurance in case of temporary disability and in connection with maternity.
The main document confirming the periods of work under an employment contract is the work book. 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 of the occurrence of the insured event (illness, injury).
Based on Art. 256 of the Labor Code of the Russian Federation, at the request of a woman, she is granted leave to care for a child until he reaches the age of three years. During the period of parental leave, the employee retains his place of work (position). Since during the period a woman is in On parental leave for up to three years, the employment contract continues; this period is taken into account when calculating the insurance period.

According to Art. 256 Labor Code of the Russian Federation

Parental leave is counted towards the total and continuous work experience, as well as into the work experience in the specialty ( with the exception of cases of early assignment of an old-age insurance pension ).

Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 11, 2012 N 30 “On the practice of courts considering cases related to the implementation of citizens’ rights to labor pensions”

27. When resolving disputes that have arisen in connection with the inclusion of women in the length of service that gives them the right to early assignment of an old-age labor pension during their period of maternity leave, the courts should proceed from the fact that that if the specified period took place before October 6, 1992 (the time of entry into force of the Law of the Russian Federation of September 25, 1992 N 3543-1 “On Amendments and Additions to the Labor Code of the Russian Federation”, with the adoption of which the period of being on vacation child care is not included in the special work experience in the case of a pension on preferential terms), then it is subject to inclusion in the length of service giving the right to early assignment of an old-age labor pension.
It must be taken into account that if parental leave began before October 6, 1992, then the period spent on this leave must be included in the length of service giving the right to early assignment of an old-age pension, regardless of its end date (before or after this date).

The total length of service is the period of work on which it depends whether a citizen will receive an old-age pension. According to current laws, the length of service to receive an old-age pension must be at least 5 years. In this regard, those women who are planning to become mothers in the near future are certainly concerned about this question: is maternity leave included in their work experience? Is it possible that a woman who has taken several maternity leave will not be granted a labor pension?

First, let's understand what parental leave is. This is a period of rest provided to a woman who has given birth to a child, from the moment of birth until she is three years old. By virtue of the provisions of Art. 256 of the Labor Code of the Russian Federation, while a woman is on such leave, her place of work is retained. By the way, not only the baby’s mother, but also the father and other close relatives can go on maternity leave. The rules specified in the law also apply to them.

In accordance with the provisions of the law, parental leave is counted towards the total and continuous work experience and into the length of service in the specialty. Usually it is included only in the length of service required for early accrual of an old-age pension, but there are exceptions.

As for whether care leave is considered when determining the length of insurance required to assign an old-age pension, it is worth keeping the following in mind. Care leave is divided into two parts, one of which (up to 1.5 years) is paid, that is, the woman receives benefits, and the other (up to 3 years) - 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 care leave is equivalent to leave without pay, which means that it is not included in the insurance period that is needed to receive a pension.

From the above it follows that the general length of service and continuous length of service includes care leave, while the insurance length of service includes 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 insurance period increased from 3 to 4.5 years. Changes in legislation allow a woman to care for 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, a woman’s insurance period included only 3 years, regardless of how many maternity leave she went on.

Such amendments have 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.

Care leave and special experience for medical and teaching workers

Persons who have worked for many years in the field of medicine and education have the opportunity to retire early if certain conditions are met. One of these conditions is the presence of special experience, that is, performing work in the relevant specialty. That is why such workers are concerned with the question: does care leave count towards this length of service?

Whether maternity leave is included in the special length of service of doctors and teachers depends on when it was granted, because the legislation on this issue has changed several times. Child care leave is included in the length of service required to receive an early pension for teaching and medical workers if the woman received leave before October 6, 1992, including when it continued after the mentioned date. For example, a woman received her leave on May 6, 1992. In this case, the entire period of child care will be counted as length of service, not just 5 months. Meanwhile, if an employee went on maternity leave on October 7, 1992 and later, then the vacation time will not be taken into account when calculating special length of service.

If an employee went on vacation before October 6, 1992, its duration is taken into account when calculating length of service without meeting any additional requirements, and even when the woman did not work in her specialty before the vacation, or when after it work in her specialty was not continued.

The birth of a baby is an important event in every family. It should be noted that the legislation guarantees working mothers a wide range of benefits and privileges. The most valuable of these is considered to be parental leave. This publication will help you get acquainted with all the nuances of giving young mothers time to rest.

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

Maternity leave is defined as the period allotted to a woman for rest. According to the law, the corresponding period is three years. The provisions of the legal act indicate some nuances of this process:

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, the woman retains her place of work;
Maternity leave is included in both general and continuous and special work experience;
This period of time is divided into two parts. It may or may not be paid. Before 1.5 years a woman receives money, but after that she does not. 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 rest with work at his own discretion. In this case, the activity will not be carried out full time. At the same time, birth benefits are retained.

Is parental leave included in the insurance period?

The period during which workers are paid insurance premiums is defined as the insurance period. Time spent caring for an infant is considered non-insurable. However, this period is included in the insurance period for the provision of a labor pension. In addition, all rest periods are taken into account.

The exceptions are:

Time spent caring for children will not be included in the insurance period if there was no work activity between the birth of children;
Also, these periods can be credited if only the work was performed in Russia;
When determining pension payments, only the time during which the vacation was paid is taken into account. This period is 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 met. Based on legal acts, a person on maternity leave retains his place of service, and the employment agreement continues to be valid. You should know that the rest time a woman receives will be included in all types of work experience.

Is leave to care for a disabled child included in the length of service?

The time during which a family member cares for 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 prior to this time work was carried out.

It is possible to apply for a pension prematurely in such a case if:

Caring for a disabled person continues for eight years;
If he is declared incompetent;
Insurance deposits are carried out for 15 years. This period also includes the time of caring for a disabled person;
When turning 50 years old.

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

If it is necessary to go on maternity leave, the worker retains his place of service. Parental leave is included in continuous, general and special work experience. 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 woman’s work after the birth of the baby, subject to reduced working hours.

If the key point is met, then you should get time off if you follow some rules:

It is necessary to draw up a written application and address it to the employer;
You can take time off without taking into account the duration of work in the organization;
When granting maternity leave, one should take into account the availability of additional days for compensatory leave in recent years, as well as the limits of the current year;
You can use all unused days to include them in your vacation;
You cannot take days off towards future days off.

How many years of parental leave are included in the length of service?

The duration of parental leave by law is 3 years.
This period is divided into two parts:

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

The period of maternity leave is included in all types of work experience. The corresponding period is three years. The law states that a woman can take time off to care for children for no more than 4.5 years in total. In this case, the main condition is the continuation of work between maternity leave.

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The employee was hired on 03/06/2012. During the first calendar year from 03/06/2012 to 03/05/2013 she took 28 days of vacation. From 07/09/2013 to 11/25/2013 she went on maternity leave. From 11/26/2013 to 09/10/2016 - was on maternity leave for a child up to 3 years old. 06/03/2015 left maternity leave early. Currently, she wants to use part of the annual paid leave. Which calendar year should be taken into account? Is the leave included? child care while on vacation?

Answer

Answer to the question:

In accordance with Article 121 of the Labor Code of the Russian Federation, the length of service that gives the right to annual basic paid leave includes:

actual work time;
the time when the employee did not actually work, but in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract, he retained his place of work (position), including the time of the annual paid leave, non-working holidays, days off and other rest days provided to the employee;
the period of suspension from work of an employee who has not undergone a mandatory medical examination (examination) through no fault of his own;
the time of unpaid leave provided at the request of the employee, not exceeding 14 calendar days during the working year.

When hired, the employee’s working year was from 03/06/2012-03/05/2013, for which the employee used vacation, the next year was 03/06/2013-03/05/2014, but this period included parental leave until the child reached the age of 1.5 -years that are not included in the length of service giving the right to basic leave, therefore, it is necessary to shift the working year to this period

03/06/2013-11/25/2013 this period is 8 months 20 days.

06/03/2015-09/12/2015 (3 months 10 days are missing up to a year) 12 months

This is a composite working year for which the employee Allowed 28 calendar days of vacation.

Thus, the next working year after leaving parental leave will be:

09/13/2015-09/12/2016 - for which Allowed 28 calendar days.

03/06/2013 - the beginning of the new working year;

November 25, 2013 - the day preceding the start of parental leave, which is not included in the length of service for granting leave;

06/03/2015 - day of going back to work

Therefore, it is possible to provide the employee with 28 days per compound working year; 28 calendar days for the working year 09/13/2015-09/12/2016.

Details in the materials of the Personnel System:

1.Answer: How to determine the working year and calculate the length of service that gives an employee the right to annual basic leave

N.Z. Kovyazina

The employee is given vacation for each year of work (). Moreover, each employee has his own individual working year, for which he is provided with vacation. This year is reflected in the column “For the period”.

The working year, as a rule, does not coincide with the calendar year. Because the beginning of the first working year is counted from the moment the employee is hired. For example, if an employee got a job on December 1, 2014, then his first working year is generally the period from December 1, 2014 to November 30, 2015. The second working year is from December 1, 2015 to November 30, 2016, etc.

In some cases, an employee's working years need to be calculated in . This need arises if an employee has periods that are not included in the length of service that gives the right to leave.

Thus, the length of service giving the right to basic leave does not include:

the time an employee is absent from work without good reason, including in the cases provided for;
time of parental leave until the child reaches three years of age;
time provided at the employee’s request, exceeding in total 14 calendar days in a working year.

The rest of the time is included in the length of service giving the right to basic leave. Including this:

actual work time;
the time when the employee did not actually work, but in accordance with the law, his place of work was retained (illness, annual paid leave, holidays, medical examination, etc.);
time of forced absence due to illegal dismissal or suspension from work and subsequent reinstatement to the previous job;
the time of suspension from work of an employee who did not undergo a medical examination through no fault of his own;
time provided at the request of the employee, not exceeding 14 calendar days in the working year;
other periods of time provided for by a local act of the organization, labor or collective agreements.

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