Every woman is looking forward to the moment when she becomes a mother. But, unfortunately, joyful waiting times can be overshadowed by thoughts about whether maternity leave is part of the work experience. Consider this issue from a legislative point of view and analyze all the nuances of the "interesting" situation.
The concept
What is maternity leave? This is the period of temporary disability of a working woman, when her job and salary are retained. Art. 255 of the Labor Code of the Russian Federation gives a guarantee to every working woman on the implementation of maternity leave and cash payments in the following amounts:
- 140 days - during normal pregnancy and delivery of one child;
- 156 days - during childbirth with complications;
- 194 days - at the birth of several children;
- from 3 to 7 days (in addition to treatment) - in case of abortion or in cases where the child has lived less than a week after childbirth.
The first three periods are divided into equal parts: before delivery and, accordingly, after.
It is also worth figuring out what is meant by employment and insurance experience. Work experience is that period of time during which a citizen worked officially and all information about places of work is in the work book.
The insurance period is considered to be those periods when the employer made mandatory insurance premiums for his employee. At the same time, the insurance experience is part of the working life, and we can say that these two concepts are inextricably linked with each other. Therefore, there is no doubt as to whether maternity leave is included in the length of service. Definitely included.
What the law says
Ministry of Health Order No. 91 reports on the rules for calculating length of service in order to correctly calculate the amount of temporary disability benefits (in this case, maternity). It is indicated here that only those periods when a woman was registered as insured should be included in the insurance period.
Federal Law No. 173, Article 11 governs the following position: a woman must go on vacation in order to end her pregnancy normally, and also have the opportunity for further care for her child. This time is included in the insurance period, but not more than 6 years. Consequently, the decree is included in the total length of service.
Maternity leave basis
So that the employee could safely go on maternity leave, she needs to write a statement, as well as present a certificate of incapacity for work. If there is a certificate of incapacity for work, then the application can not be written.
If you want to go on maternity leave sooner or later than the due date, and also if you want to work as long as possible, a woman is also obliged to write a statement with the relevant requirements. Russian law does not prohibit her from working until delivery.
Maternity leave and seniority are taken into account when calculating the accounting allowance. Its size depends on the terms indicated on the sick leave and the total number of payments in the billing period. These include the last two years of work in the organization. If an employee changed jobs during this period of time, she must be provided with certificates from previous employers at her last job. And most importantly, it is not the organization itself that pays the allowance, but the FSS.
Submission Procedure
The decree is granted and funded when the following algorithm of actions is followed:
- Obtaining and providing a disability certificate. The form is issued at the antenatal clinic, where the woman is registered for a period of 30 weeks.
- Writing a statement.The document should be written on behalf of the pregnant woman with an indication of the reasons for going on vacation, the duration of the sick leave.
- Based on the documents submitted, an order is issued. The document contains the date of maternity leave and the general period of rest.
- After the appearance of the child, documents should be submitted on the basis of which the allowance will be charged: a certificate from the hospital, a birth certificate, a certificate that the second parent did not receive benefits.
Decree and experience
We will find out whether maternity leave is included in the total length of service under the following circumstances:
- Pension accrual. Maternity leave is considered to be the period before and after childbirth, as well as the time for caring for a child up to 18 months. or 3 years. The insurance period includes all the periods listed, except for caring for a child under three years of age. Accordingly, these periods will also be taken into account for calculating pensions. The experience of caring for a child can be credited not only to mother, but also to any member of the family who provided actual care. Maternity leave should be included in the employment form on the basis of a certificate of incapacity for work.
- Benefit Count. When calculating the size of the allowance for the payment of sick leave, insurance experience is taken into account. And the higher the experience, the greater the allowance. Does maternity leave enter into seniority and insurance, respectively? All periods are included, since the employee retains a place and wages. When calculating, you need to know the number of years of insurance experience.
- Calculation of vacation pay. When vacation pay is calculated, it is necessary to take into account all payments that were made in the billing period. At the same time, maternity leave does not enter here, nor does money included in maternity leave.
Based on the foregoing, the question of whether maternity leave is included in the length of service can be answered in the affirmative.
Payment
There are times when an employee can take one after another several maternity leave. What to do in this situation? Dates and periods do not change, a woman is still given a specific time before childbirth and after, and, in addition, the opportunity to care for a child up to 3 years.
But if everything is clear with the first decree, is maternity leave included in the length of service if it immediately follows the first? It is better to take a vacation to the second parent, so that temporary disability is included in the length of service for calculating and calculating the pension.