The period of maternity leave is included in the preferential teaching experience only if the said leave began before October 6, 1992. All maternity leaves after the specified date are not included in the preferential teaching experience.
The possibility of including the period of maternity leave in the preferential teaching experience is quite attractive for workers in the education sector, since it allows them to obtain the right to early assignment of an old-age retirement pension much faster. Analysis of the law "On labor pensions in the Russian Federation", other by-laws does not allow making an unambiguous conclusion about the possibility of including maternity leave in the specified length of service. That is why women teachers are increasingly interested in this issue, which is also important after retirement, since the inclusion of the period of being on maternity leave in the preferential length of service is the basis for recalculating the pension upward.
How is the issue of entering a special period of maternity leave in the courts resolved?
An unequivocal answer to the question of whether maternity leave is included in the preferential pedagogical experience can only be obtained from judicial practice. The basic document in this case is the Resolution of the Plenum of the Supreme Court No. 30. This act determines that only those maternity leave that took place before October 6, 1992 should be included in the preferential length of service. At the same time, the beginning of maternity leave should fall on the period before the specified date, and the date of its end does not matter, since if this condition is met, the entire vacation is included in the length of service. This date is associated with the entry into force of a special law, which excluded maternity leave from the list of periods included in the preferential length of service. That is why all such vacations received by teachers after the named date are not subject to inclusion in the preferential experience.
What to do if you have the right to include maternity leave in the preferential length of service?
If a woman teacher had maternity leave before the date indicated above, then this period should be taken into account when calculating her own preferential experience and determining the time to apply for a pension. If the retirement has already taken place, but the authorized bodies for some reason did not take into account the periods of being on the corresponding vacation, then you should re-apply to the Pension Fund of the Russian Federation (its territorial division). Such an appeal should become the basis for recalculating the amount of pension payments, which will change upward, since the teacher's insurance experience will increase. If the authorized body refuses to take into account this period, then a written decision on the refusal should be obtained and appealed in court.
