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Workers in the teaching field have a preferential retirement procedure, depending on their length of service. Therefore, every year spent at school or another educational institution is of great importance to them. I’m also interested in whether leave to care for a newborn child or maternity leave is counted towards teaching experience.

Maternity leave is considered to be leave granted to a woman during the last months of pregnancy and childbirth. This period, if added to the length of service, would also allow the woman to retire earlier and receive the required payments.

Is maternity leave included in teaching experience, as well as parental leave? Such information is needed by women planning to retire based on length of service, as well as by employees of human resources and accounting departments involved in processing this pension.

Teaching experience

Pedagogical experience means the work activity of a teacher directly in his profession. Such experience can be earned in a school or other educational institution, educating schoolchildren or students.
The duration of teaching work is the length of service required for retirement on preferential terms (early retirement). The law defines the periods included in the total teaching experience.
They must be recorded in documents (entries in the work book, employment contract, other documents). Are maternity teachers included in their work experience, what periods of work can be included in it? Among the main types of teaching activities:

Teaching.
Working as a primary school teacher.
Work in special institutions with children who need psychological, moral, and medical help.
Performing duties as a teacher in medical institutions.
Performing the duties of a defectologist.
Work as a director of a child care institution.

To obtain teaching experience, you can work in a school, kindergarten, gymnasium, technical school, or university.

There are other periods of work that can be included in teaching experience:

The time spent in service under a contract is counted as teaching experience. Experience is considered 1:1.
Staying in conscription service - per day of service there are 2 days of service. These periods are counted without restrictions.
Service as an officer, warrant officer, sergeant major.
Work as an inspector, instructor at a trade union organization of public education, director or deputy director.
Work as director of a teacher's home, member of the commission for the protection of the rights of minors.
The period of educational activity in those institutions that have state accreditation.

In order for these periods to be counted as teaching experience, a citizen must work in his teaching specialty before and after. What other work can be considered equivalent to teaching and increase teaching experience?

Some categories of teachers can work in the structures of the RF Armed Forces in their specialty, teaching physical education, additional education in various technical, artistic, and musical disciplines. In this case, the period of such work is also counted towards the length of service upon retirement.

It is clear from the above that maternity leave is not included in the teaching experience; it can only be added to the total, and then no more than three years in total. Is there an exception to this rule?

Is maternity leave included in teaching experience based on length of service?

Paid maternity leave is provided to women due to pregnancy and childbirth. Under certain conditions, this type of leave may be included in the teaching experience, thanks to which female workers in the educational sector have the opportunity to retire earlier.

If the teacher retired, but the Pension Fund for some reason did not take into account the duration of her stay on maternity leave, despite the woman having such a right, she will have to contact the nearest Pension Fund branch again. We recommend that you submit your request for recount in writing.

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If the former teacher has already retired due to old age, but government bodies for specific reasons did not take into account periods of maternity leave, despite the rights of their owner, you must once again contact the Pension Fund (the unit located at the place of registration).

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According to Soviet legislation, studying at a university is included in the length of service, but according to the new Russian legislation, it is not included in insurance. If a student is studying in a correspondence department, works in his free time from acquiring knowledge (under an employment contract or as an individual entrepreneur) and deductions are made for him or he makes them himself, these periods are included in the output.

According to Soviet legislation, vocational education was equal to these types of education, so the answer to the question of whether courses are included in the pension experience is positive if they were completed before 2002 and related to vocational training (advanced training, etc.).

Sick leave is fully covered by social insurance, and the employer himself pays insurance premiums for his employee. In accordance with the law, maternity leave is fully included in the preferential teaching experience, which makes it possible to apply for a pension earlier based on length of service.

Physical education;
Industrial training;
Additional education in various disciplines;
Fine arts, drawing, computer science and other special subjects of general education institutions;
Art, music and other creative disciplines.

The question of whether maternity leave is included in the length of service taken into account for pensions also arises because the last 2 federal laws on pensions (“On labor pensions in the Russian Federation” dated December 17, 2001 No. 173-FZ and “On insurance pensions" dated December 28, 2013 No. 400-FZ), this period is not directly indicated in the list of non-insurance periods included in the insurance period.

Maternity leave is provided to an employee in the last months of pregnancy. Thanks to this, she can safely carry and give birth to a child. At the same time, she will not have to worry about fulfilling her duties at work. The duration of this vacation directly depends on several factors and is measured in days:

Decree

According to the current legislation regulating the retirement of representatives of various professions, maternity leave is not included in the teaching experience (unless it is sick leave for childbirth). The leave that a woman is given to care for her newborn baby does not increase her length of service, allowing her to retire earlier than the standard time frame. But there is an exception to this rule.

ATTENTION! If the maternity leave was issued before October 6, 1992, it can be included in the teaching experience.

This norm is given in the Resolution of the Plenum of the Armed Forces of the Russian Federation under number 30. It does not matter when the decree was completed or how long it lasted. It is only important that it be started before the date specified in the Resolution.

How to count correctly

Maternity leave to care for a child is counted or not counted towards teaching experience, depending on when it was opened:

If a woman was on maternity leave before October 6, 1992, this period will be included in her teaching experience.
A maternity leave after the specified date does not affect the amount of teaching experience; it can only increase the length of service.
Even if a woman has already retired, and her maternity leave before October 6, 1992 was not included in her teaching experience, it is worth contacting the Pension Fund office to review her length of service and the amount of pension payments.
An appeal to the Pension Fund office regarding a review of length of service and the amount of pension must be made in writing.

If PF employees refuse to reconsider teaching experience and related pension payments, they must file a corresponding claim in court.

Sometimes it is difficult for a pensioner to deal with such issues on his own; he lacks legal training and knowledge. In this case, it is recommended to seek help from an experienced lawyer; he will help you collect the necessary documents and draw up an application.

ATTENTION! You can go to court even when the employees of the Pension Fund branch have accepted the application, but the case is delayed, and the pensioner could already receive a new, increased pension.

What is parental leave?

It is necessary to distinguish between concepts such as maternity leave and the time that a woman is given to care for a newborn and a small child.
The maternity period - the time of preparation for childbirth - is one hundred and forty days. This period may last longer due to complications and problematic pregnancy.
After giving birth, a woman has the opportunity to go on maternity leave . For a year and a half, the employer is obliged to make contributions to the Pension Fund for his employee. Thus, these one and a half years will be added to the insurance period.

If a woman has many children, the total period of time to care for a child for calculating a pension cannot exceed six years.

Basic Rules

HR department employees, managers and women themselves who are applying for a pension need to know the basic standards for accruing teaching experience and how the issue of maternity leave is regulated:

Maternity leave before childbirth, documented as sick leave, is included in teaching experience.
Maternity leave to care for a child will be included if its start is recorded before October 6, 1992.
In order for such a period to be included in the teaching experience, the woman must have worked as a teacher before it.

Until 1995, other provisions of the Labor Code were in force. According to the Labor Code, the teaching experience always included the period when a woman, after giving birth, sat with the child and cared for him. Thanks to such leave, it was possible to profitably increase the length of service required for preferential retirement.

But the specificity of teaching experience is that it includes years of teaching activity. A teacher may work in an educational institution or temporarily perform the duties of a member of the commission for the protection of the rights of minors, or engage in other activities provided for by law in this matter.

While on maternity leave, a woman, although caring for a child, is not officially involved in work.

Is maternity leave included in the preferential length of service for a teacher?

Physical education;
Industrial training;
Additional education in various disciplines;
Fine arts, drawing, computer science and other special subjects of general education institutions;
Art, music and other creative disciplines.

May 06, 2021 polrostov 72

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Possible problems

Teaching experience, which gives the right to preferential retirement, implies work in the teaching field . This length of service can be supplemented by military service under conscription and contract service.

They also give the right to an increase in length of service and certain types of activities also related to pedagogy. For example, working as the director of the Teacher's House. But before and after such work, you need to engage in teaching.

ATTENTION! It is important for women to know whether they can include maternity leave in their teaching experience. If it took place before October 6, 1992 (at least it began at that time), the maternity leave is included in the teaching experience.

When calculating pensions and payments, you must indicate to the Pension Fund employee to go on maternity leave before October 6, 1992. When the Pension Fund refuses to recalculate the pension taking into account such data, it is necessary to prepare a corresponding lawsuit in court.

Maternity leave: what is it and does it count towards your seniority?

In order to more accurately answer this question, it is worth citing articles from the legislation of the Russian Federation. According to Article 256 of the Labor Code of the Russian Federation, parental leave is limited when the baby turns three years old. But here it is also worth noting from the point of view of pension legislation that the length of service included in the calculation of pensions is 1.5 years. In other words, when the child reaches one and a half years of age, social insurance stops being paid and further time spent on maternity leave is not taken into account when calculating the pension.

We have already found out that leave to care for a small child who is not yet one and a half years old is a non-insurance period, which is taken into account when calculating the length of service. A person who has temporarily left work to take care of a child does not have to worry that his working life will be interrupted. Moreover, not only the baby’s mother, but also his father, grandmother, grandfather, or the person who has taken guardianship over him can go on such a vacation. But only one! After all, paid leave with subsequent pension points will be given to only one person who decided to leave work for a while to take care of the baby.