Is maternity leave included? Is maternity leave included in compensation calculations? What is included in the length of service according to the Labor Code of the Russian Federation?

It says here that if in the billing period there was no earnings, days worked, or it consisted entirely of excluded time (caring for a child under 3 years old is such), then during the billing period for average earnings you can early period, preceding the decree. The formula is valid if the entire period for the calculation has been worked out in full, that is, it did not contain:

  • sick leave;
  • vacations of any kind;
  • business trips;
  • suspensions from work.

If such an event occurred in any month of the annual period, then for such a month the number of days is not 29.3, as in the formula above, but (days worked/total number of days) * 29.3. Example Example conditions: A woman’s sick leave for pregnancy and childbirth began on November 23, 2014, care for a child under 3 years old ended on February 2, 2018. The employee went to work and wrote an application for 28 days of annual leave.

Time of parental leave when calculating average earnings

For the estimated period for calculating vacation pay immediately after maternity leave, you need to take 12 calendar months preceding sick leave: from 11/01/2013 to 10/31/2014. During the period from November 1, 2013 to October 31, 2014, 320,000 rubles were earned.


Attention

In June 2014 I had 10 days of sick leave. Calculation: Vacation pay = 320,000 / (29.3*11 + 29.3*20/30) * 28 = 26,211.86 rubles. Useful video How leave is provided after maternity leave, how many days are due, how to calculate vacation pay - you can find answers to these and other questions in the video: Conclusions A woman has the right, immediately after maternity leave, to take annual paid leave in the number of unused days plus days for sick leave for pregnancy.

If the length of service is not sufficient, a minimum duration of 28 days is still provided. The employer cannot prevent this, but at the same time does not have the right to force the use of this guarantee.

Rules for calculating vacation pay after maternity leave

She was granted annual paid leave of 28 calendar days, then she was on maternity leave (140 calendar days), at the end of which she took out maternity leave for up to three years. Having returned to work, she turned to her employer with a question about when she could be granted annual paid leave (see.

table 2). Table 2 Work Annual paid leave Maternity leave Parental leave up to 3 years of age Work From 01/20/2009 to 06/24/2009 From 06/25/2009 to 07/22/2009 From 07/23/2009 to 12/09/2009 From 12/10/2009 to 01/10 .2012 From 02.10.2012 5 months. 5 days 28 k. days. 140 k.d. (4 months 18 days) — — Despite the fact that the woman has not worked for this employer for six months, she may be granted annual paid leave upon her application (Part 3 of Article 122 of the Labor Code of the Russian Federation).

Calculation of vacation pay after maternity leave has its own peculiarities

An important point: maternity leave entitles you to annual paid vacation days, but childcare for a child under 3 years of age does not. Read more about this here and here. Article 260 of the Labor Code of the Russian Federation clearly states that immediately after maternity leave for pregnancy or care, you can declare your desire to go on another paid leave if she did not use it before registering sick leave in connection with going on maternity leave.

Moreover, the length of service in a given organization does not matter. Since such a right is enshrined in the Labor Code of the Russian Federation, the employer does not have the right to refuse an employee if she writes a statement.

However, this is only true for the case when the day the end of one of the parts of maternity leave precedes the day the annual rest begins. If, after maternity leave, the employee returned to work, and after a certain period of time decided to go on vacation, then the guarantee from Article 260 of the Labor Code of the Russian Federation will no longer apply to her.

Plus, days for maternity leave due to pregnancy are added to this. Example Initial data:

  • 04/02/2012 - date of employment;
  • 11/23/2014 - start date of maternity leave;
  • 02/01/2018 - end date of care for a child under 3 years old;
  • 56 days of annual rest were used by the employee in the first and second working year (two times 28);
  • There are no periods excluded from the vacation period.
  1. Vacation period: from 04/02/2012 to 04/01/2013 - the first working year, from 04/02/2013 to 04/01/2014 - the second working year, from 04/02/2014 to 11/22/2014 - 7 full months and 20 days (20 days are rounded to the full month).

Is maternity leave included in the calculated vacation period?

Info

To be granted annual paid leave, a woman’s working year should have included the period from January 20, 2009 to January 19, 2010. However, in connection with the birth of a child, she took out maternity leave for up to three years, which included length of service giving the right to annual paid leave. vacation not included.

Important

That is, the period from December 10, 2009 to January 19, 2010, which amounted to 41 calendar days, was not included in the working year. Therefore, it is necessary to shift the upper limit of the working year by this number of days from the date the woman returns from maternity leave.

To do this, we count 41 calendar days from October 2, 2012 and determine that this date will be November 11, 2012. Thus, the lower limit of the working year is January 20, 2009, and the upper limit is November 11, 2012.


Since November 12, 2012

Income for calculating average daily earnings includes:

  • size wages received during the billing period;
  • various bonuses, allowances and additional payments.

The regional coefficient is taken into account as part of the added income. If there was an increase in salaries in the billing period, then indexation is carried out.

The following income is not taken into account:

  • vacation pay;
  • travel allowances;
  • one-time bonuses;
  • one-time benefits;
  • dividends and interest amounts;
  • compensation of various types;
  • bonus payments received for participation in competitions and contests;
  • subsidies of all types;
  • sums of money that acted as a holiday present;
  • benefits for caring for a child with a disability.

The procedure for calculating vacation payments after maternity leave is carried out in a standard manner.

If the month is incomplete, then the number of days in it is determined as calendar days worked, divided by the total number of calendar days and multiplied by 29.3. Calculation formula: Average earnings = (All income / Number of full months * 29.3 + Number of days in partial months) to contents Vacation pay formula for annual vacation After the average earnings are determined, you can calculate vacation pay for annual vacation: Calculation formula: Vacation pay = Average earnings * Vacation days to contents Example for 2018 Example conditions: Maternity leave to care for a child up to 3 years old for citizen O.V. Nekrasova.

If a woman immediately went to work after sick leave, then she has no excluded periods, and the billing period will be 12 calendar months before the month of registration of the next vacation. If a woman went to work after caring for a child, then she had no income in the previous 12 months.

In this case, you can replace the period with an earlier one - taken 12 months before the start of the maternity leave. The right of replacement is stated in Decree of the Government of the Russian Federation of December 24, 2007 N 922 (as amended on December 10, 2016). back to contents Calculation of average earnings? No less important role When calculating the vacation amount after leaving maternity leave, the value of the average daily earnings plays a role.
In relation to maternity leave, this has not been established. Thus, the period when the employee was on maternity leave, granted to her on the basis of a certificate of incapacity for work, is included in the length of service giving the right to annual paid leave, and is taken into account when determining number of days of unused vacation subject to monetary compensation upon dismissal. Please note: When calculating average earnings to calculate compensation for unused vacation, the time an employee is on maternity leave, as well as child care leave, is excluded from the calculation period (clause
“b” and “f” clause 5 of the Regulations on the specifics of the procedure for calculating the average salary, approved by Decree of the Government of the Russian Federation of December 24, 2007 N 922).
In contrast to parental leave until the child reaches the age of three, which is not included in the vacation experience (Part 5 of Article 256 of the Labor Code of the Russian Federation). Secondly, during the period of parental leave, the employee retains his place of work/position (Article 256 of the Labor Code of the Russian Federation). Let's consider when and in what amount annual paid leave is due to employees who have returned from maternity leave or childcare leave under three years of age. To answer this question, it is necessary to clarify whether all vacations were used by the woman in full during the previous time and within the boundaries of the last working year.

There are different situations possible here. Let's look at them using specific examples. Situation 1. The employee worked for less than six months. In the first working year, the woman worked for less than six months (5 months and 5 days).

This means that during this period the maternity leaver earned 5 months of vacation experience. To calculate the number of days of annual leave due during this period, you should use the formula: Formula: Days = 5 * 28/12 = 11.67 days. During the period of work before going on maternity leave How to calculate the days during the period of work before maternity leave? To do this you need to follow these steps:

  1. The length of service that gives the right to rest on the date preceding maternity leave is considered.

Important! Vacation experience is the time of work expressed in full months (absenteeism, leave at one’s own expense for more than 14 days per year, previous child care under 3 years of age, suspension from work due to the fault of the employee are excluded from this period).

Vacation experience is experience that gives the right to. To calculate it, you need to know which periods are included and which are not taken into account. The article indicates which periods are included in seniority, provides a list of periods not included, and also presents step-by-step instruction the employer's actions when calculating the employee's vacation period, examples of calculation are given that will help in practice to understand the intricacies of the procedure.

Concept of working year for vacation

For each year worked, an employee can receive annual paid leave with vacation pay. Moreover, working years are taken into account, not calendar years. The working year for leave begins on the first working day (the moment the validity begins employment contract). A calendar year is the period from the first to the last day of the year.

According to the Labor Code of the Russian Federation, an employee receives the right to annual paid leave upon completion of a six-month period. The vacation period can be granted earlier if both parties mutually agree to do so. After the first six months of work, an employee can legally apply for work rest.

For each working year, a worker has the right to a set number of vacation days, calculated in calendar days. The Labor Code of the Russian Federation stipulates the minimum annual duration in the general case - 28 calendar days (not working days). However, individual articles of the Labor Code of the Russian Federation and other legislative and regulatory acts may establish a longer vacation period (additional days are added), for example, an additional one is provided.

The duration of the employee's vacation period is stipulated in the employment agreement concluded with the employee at the time of hiring.

How to calculate vacation time - step-by-step instructions

In general, there are 4 steps that will help you correctly calculate the length of service that gives you the right to basic annual paid leave.

Step by step calculation procedure:

  1. Determined start labor activity– day of hiring;
  2. Periods are identified that are not included in the length of service (they do not give the right to basic annual paid leave), which periods need to be excluded are written below;
  3. The total work time is divided into working years, taking into account unaccounted periods;
  4. For each working year, a vacation of the duration established for the employee is due.

When calculating vacation experience, the employee’s work schedule and mode, full or part-time work week (day) does not matter.

The length of the working day (working week) does not matter when calculating the length of service giving the right to labor leave.

This is due to the fact that the provisions of the Labor Code of the Russian Federation regarding the provision of paid leave are the same for all persons with whom employment agreements have been signed. Part-time employees have the same rights as full-time employees.

Periods not included in the vacation period

The periods not included in the length of service are established by Article 121 of the Labor Code of the Russian Federation. According to this article, you do not need to include:

  • Periods of stay in (provided at your own expense) in an amount exceeding 14 calendar days per working year;
  • Days when the employee did not go to work without good reason (absenteeism);
  • Periods up to 1.5 and up to 3 years;
  • An employee is not allowed to work due to the fault of the worker himself, for example, due to violation of labor regulations, discipline, or being under the influence of drugs or alcohol (suspension under Article 76 of the Labor Code of the Russian Federation).

All these days increase the working year. For clarity, you can see an example of calculating the length of service that gives the right to paid leave, presented below.

What periods are included in the length of service?

All other calendar days that do not fall into the categories indicated above are included in the insurance period, that is, these are:

  • days of work duties;
  • periods of business trips (business trips);
  • sick leave due to one’s own disability or in connection with caring for loved ones;
  • being on leave without pay within 14 days per year;
  • all other vacation periods, except for child care (main, educational, maternity, additional);
  • temporary downtime in work with preservation of salary and job due to the fault of the employer;
  • holidays recognized as days off;
  • calendar days off;
  • forced absenteeism due to illegal dismissal with subsequent reinstatement of labor rights;
  • the time when an employee is suspended from work duties due to the lack of a certificate of examination from the medical board, unless this is considered to be the worker’s fault.

Is maternity leave included in the length of service?

The period of maternity leave is not specified in Article 121 Labor Code as a non-included period, and therefore is included in the length of service.

Therefore, a woman on maternity leave does not have her work experience interrupted. This is the difference between maternity leave and parental leave for up to 1.5 years. If a woman takes parental leave after maternity leave, then this period is not included in the length of service giving the right to annual basic paid leave.

For each month of maternity leave, a woman will receive 2.33 vacation days (if the total annual duration is 28 calendar days); for each month of maternity leave, the employee will not receive labor leave.

Is administrative leave included in the length of service?

Leave without pay is partially included in the length of service. For the first 14 days of vacation without pay, annual leave is granted; for subsequent days it is not granted.

Example of calculating vacation time

Employee Korovkina was hired by the organization on 10/01/2014. Starting from the beginning of her working life, at the time of calculations (February 13, 2017), Korovkina had the following deviations from the normal working day:

Periods of work

Length of period

Included/excluded from seniority

Sick leave from 03/10/2015 to 03/18/2015

from 02/05/2016 to 02/10/2016

Turns on
Labor paid basic annual rest from 01.11.2015 to 28.11.2015

from 09/01/2016 to 09/28/2016

Turns on
Vacation without pay (at your own expense) from 06/10/2015 to 06/30/2015 Excludes 7 cal days (21-14)
Suspension from work due to failure to pass a labor safety knowledge test from 01.11.2016 to 03.11.2016 Excluded
Being on a business trip from 12/10/2016 to 12/17/2016 Turns on

According to the Labor Code of the Russian Federation, an employee has the right to 28 calendar days of basic paid labor leave for each working year:

Working year

Duration of basic annual paid rest

Explanations

From 01.10.2014 to 07.10.2015

Sick leave in March 2015 is included in the length of service.

7 days without pay in June 2015 are excluded, so Korovkina’s working year will end 7 days later.

From 08.10.2015 to 07.10.2016

Sick leave in February 2016 is included in the length of service.

There are no excluded periods in this working year.

From 08.10.2016 to 10.10.2017

At the time of calculations on February 13, 2017, for the third working year, Korovkina can receive an annual paid vacation for 4 months (28/12) * 4 = 9.32 cal days. A business trip in December 2016 is included.

The three days of suspension in November 2016 are not included.

The working year is increased by three excluded days.

This calculation must be carried out to determine the moment when the employee’s next working year ends and he can qualify for a full 28 calendar days of paid rest.

You also need to make calculations when dismissing an employee, when compensation for unused days is calculated. In this case, the length of service that gives the right to work leave is considered, the total number of vacation days for the entire period of work is determined, taking into account working years, and then the number of days already used is subtracted. The resulting result is the number of days for which the employer must accrue vacation pay.

Calculation of length of service for additional paid leave

Working in dangerous and harmful conditions labor have the right to additional paid vacation days for “harmfulness”. In this case, the calculation of the length of service giving the right to such days is carried out in a special way, different from that described above.

A set number of additional days are also provided for each working year. The length of service for the provision of additional days includes only those periods during which the employee actually worked in harmful and dangerous conditions.

The calculation of the duration of additional leave is determined at the moment preceding the start of it.

The peculiarities of calculating length of service in this case are that days of primary and additional leave, sick leave, and maternity leave are not taken into account. Only days worked are taken into account.

For correct definition experience must be guided step by step procedure presented below.

Step-by-step instructions for calculating vacation time for additional days provided “for harmfulness”:

  1. The days that the employee worked in dangerous or harmful conditions are counted (and only full working days are taken into account if for the position in the “Name of productions...” section of the List of hazardous productions “permanently working” is written down; if there is no such entry, then the days when the employee worked at least half of the full working day);
  2. Based on the resulting number of days, the number of full months of activity in unfavorable conditions is calculated, the result is rounded to full months;
  3. The number of additional vacation days is counted.

The number of full months worked is calculated separately for each calendar year. If the working year covers 2 calendar years, then the calculation is carried out separately for each. The result adds up.

Formula for calculating the number of full months of work in unfavorable conditions:

Number of PM = days worked in a calendar year / number of working days in a year on average per month.

The second parameter is calculated as the number of working days specified in production calendar, divided by 12 months.

For every full 12 months, a set number of additional vacation days is due. The employee will receive the same number of days for a full 11 months.

If the employee worked less than 11 full months, then the number of additional vacation days is calculated using the following formula:

Number of additional days of departure = (Number of additional days per year / 12 months) * Number of full months of work – number of previously used additional days.

The result is rounded to full days.

An example of calculating length of service for additional leave “for harmfulness”

Bychkov has been working in hazardous conditions since 02/01/2016. During his work, he took one basic paid vacation of 28 calendar days. (from 12/01/2016 to 12/28/2016). The duration of annual additional leave is 7 calendar days. From 02/13/2017 Bychkov wants to go on additional leave, how many days can he count on if the following events occurred during his work:

  • Sick leave – 6 working days (2016);
  • Basic paid annual – 20 working days (2016);
  • Without maintenance (at your own expense) – 5 working days (2017).

The working year falls on 2 calendar years - 2016 and 2017, so the calculation must be carried out separately for each.

  1. We count the number of days worked.

In 2016, Bychkov had 206 working days, taking into account excluded periods (sick leave and basic paid leave).

In 2017 - 20 working days, taking into account the exclusion of vacation days without pay.

  1. We count the number of full months.

Number of PM in 2016 = 206 / (247 / 12 months) = 10 months.

Number of PM in 2017 = 20 / (247 / 12 months) = 1 month.

  1. Counts the number of additional vacation days due as of February 13, 2017.

For a full 11 months, an employee has the right to receive 7 additional days of rest.

Typical questions and answers to them

  1. Should I include maternity leave on vacation?

Maternity leave is included in the length of service, which gives the right to annual paid basic leave. Since the time spent on maternity leave is the period when the employee retains workplace despite temporary suspension from work due to pregnancy and childbirth. Article 121 of the Labor Code of the Russian Federation does not classify the decree as an excluded period.

  1. Is it necessary to include in the length of service the time when the employee was on maternity leave and at the same time working part-time?

The Labor Code of the Russian Federation allows a person to simultaneously care for a child and receive benefits for him and work part-time. In this case, such a period is taken into account in the vacation period. However, to receive the main labor vacation period, the employee will have to interrupt parental leave for up to 1.5 or up to 3 years. After the employee takes the required basic annual paid rest, he can again continue caring for the child.

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

The maternity leave period is divided into two periods:

  1. Maternity leave, which only the mother of the child has the right to claim. Leave 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 for the prenatal period and 70 for postpartum period. Leave for a woman who has complications during childbirth is 156 days, and a mother of twins is given 194 days to recuperate.
  2. Child care leave, which can be granted to the mother or father of the child, as well as to any other person 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 there is a mutual need for this between the employer and the employee. The duration of maternity leave within the period allotted by law is regulated directly by the employee.

An employer does not have the right to dismiss an employee who is on maternity leave, or force him to return to work early. The employee himself can shorten the period of stay on maternity leave or even maternity leave at his own discretion.

Maternity leave and length of service

Article 11 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 maternity leave, he remains an open entry in the work book and the employer makes monthly contributions to Pension Fund. Thus, during the period of maternity leave, seniority is accrued to the employee.

Curious facts

According to surveys conducted in Russia, the question “How long did your maternity leave last?” answers were distributed as follows: 34% - from 2 to 3 years; 19% - I stay at home after maternity leave; 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 the length of maternity leave benefits people who may retire prematurely due to length of service. First of all, such population groups include military personnel, teachers and other specialists. It is customary to say that representatives of such professions are awarded special work experience. 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 parental leave in full. We are talking about people who took maternity leave before October 6, 1992.

While an employee is on maternity leave, the employer also makes contributions 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. If a parent has expressed a desire to go on maternity leave for more than 1.5 years (until the child’s 3rd birthday), payments from the social insurance fund are stopped, 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 Maternity Benefits”, adopted in Russia back in 1917, leave is usually called maternity leave. This document, for the first time in the world, established paid leave for a woman in connection with the birth of a baby, preserving the right to continue working.

Since 2013, it has been established that an employee’s work experience can include up to 4.5 years spent on maternity leave. Thus, one parent can look after 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 maternity leave as work experience 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 a 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 to avoid stress factors.

A lawyer talks about processing maternity leave

To apply for leave, an application is written addressed to the employer and documents are provided confirming that the pregnant woman is registered. To receive a calculation for the vacation period, you should contact the company’s accounting department. 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 the entire 194 days of vacation she is entitled to.

Maternity leave table

Either parent can go on parental leave. If the marriage of two parents is not officially registered, in order to obtain a maternity leave, the child’s father needs to officially confirm paternity. The Social Insurance Fund pays monthly compensation in the amount of 40% of wages to those who have gone on maternity leave. The maximum and minimum allowable amounts of compensation are regulated by law.

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

Any questions you may have can be asked in the comments to the article.

The question that is extremely relevant for many Russian mothers is whether parental leave of up to 1.5 years for retirement is included in the length of service, has a precise answer in the current legislation. However, it should be remembered that different standards and rules apply regarding whether parental leave of up to 3 years for a pension is included in the length of service. And knowing them is extremely useful for every person who went on maternity leave to care for their child.

Is parental leave up to 3 years and 1.5 years for pension included in the length of service - legislative norms

The principles according to which Russian Federation protection of motherhood and childhood is ensured, enshrined in the Constitution, and the legislation provides quite a lot of additional guarantees to parents of young children. For example, payment of benefits, the opportunity to receive the necessary care for the child, maternal capital and other benefits and preferences. In particular, one of these types of additional social protection Parents also have the opportunity to include periods of life spent caring for children in the length of service required to receive a pension.

However, the pension payment system quite often goes through large-scale reforms. Therefore, it will be useful for every parent and employee to know the current standards and principles according to which the pension is formed and the requirements for its recipients are established. Legal regulation of this issue is ensured by the following regulatory documents:

Is parental leave up to 1.5 years for retirement included in the length of service?

In general, Russian legislation gives young parents the opportunity to care for their children in such a way that these periods are fully taken into account as those that give them the right to receive an old-age insurance pension - after all, you can only apply for it if you have a certain length of service or work experience. However, there are certain restrictions and requirements that parents need to know.

In most situations, parental leave up to 1.5 years is paid based on the employee. During this leave, the insurance period is retained by the person providing care, if he was officially employed before going on vacation and was accruing insurance experience. For unemployed people, childcare experience does not count.

The key limitation is provided by law regarding the maximum duration of vacation periods during which the right to count them as length of service is granted. In total, during the life of a person, a person can include this leave in his insurance period for a period of no more than six years.

Legislation allows children to be cared for with all preferences not only directly to their mothers, but also to fathers or other relatives. Accordingly, if one of the parents has already been on maternity leave four times, then in order to preserve the right to receive a pension, it would be rational to send the second parent or another relative who has not yet exhausted the limit established by law on leave.

Special types of experience, such as teaching or medical, are not included or calculated for the duration of child care. But length of service in the civil service is taken into account in relation to all types of care leave.

Is parental leave up to 3 years included in the pension period?

Every Russian parent or relative of a child has the right to go on care leave not only until the child is one and a half years old, but also until the child is three years old. However, from one and a half to three years, payments of average earnings are no longer provided - only a minimal, insignificant benefit is issued. And accordingly, the period of caring for children under 3 years of age is not included in the insurance period.

The only exceptions to this procedure are cases where the parent accumulated experience before 1992, when these periods, according to the old legislation, were considered to be included in the length of service in full. The same applies to obtaining special experience - northern, medical, or pedagogical. Length of service in the civil service, as in the case of up to 1.5 years of service, is fully included during the leave in question.

In addition, parental leave is included in the length of service, regardless of its duration, in order to calculate the required paid sick leave, maximum size which also directly depends on the experience available. However, regarding the amount of payment for sick leave in connection with the temporary disability of the employee, the periods preceding the considered periods of rest used to care for children are taken into account.

Birth of a baby an important event in each 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 get 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 providing 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 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 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, you should take into account the availability of additional days off during recent years, as well as the limits of this 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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