The amount of future pension depends on the amountwork experience. For women who are expecting 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 the current legislative acts in the field of labor and pension relations.
The Labor Code of the Russian Federation does not provide a specificdefinition of the term "work experience". It says about its types: labor and insurance. The length of service is divided into general and continuous. Before making amendments to Federal Law No. 255 "On Compulsory Social Insurance", the amount of compensation for sick leave sheets 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 with a new one, but not yet everywhere. According to Federal Law No. 400, the periods of work for which the employer pays insurance premiums for employee, as well as other periods, belong to the insurance period.
Декретный отпуск начинается с того момента, когда 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, while the age is less than 3 years, or start working. Work experience in maternity leave продолжает начисляться, поскольку за женщиной the post is preserved. Reduce it also can not. When a 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.
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 for such periods includes:
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:
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.
According to article 225 of the labor legislation,Continuous employment refers to the entire time 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.
Входит ли в трудовой стаж декретный отпуск?Of the entire three-year period of leave, only one and a half years enter into the insurance period, and all three in the labor one. Now it remains for the parents to decide whether mother will take care of the baby before three years of age or before it will go to work and retain its 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.
