Does interrupted service affect sick leave?
Today, the legislative norms of the Russian Federation, just like years earlier, provide for the dependence of sick leave payment on length of service. Only now, instead of continuous work experience, insurance experience is taken into account. In order to determine the amount of monetary compensation due to short-term or long-term disability in a given period, for pregnancy and postpartum maternity leave, time intervals of the insured person’s work activity are added to the insurance period in accordance with the existing employment contract, which was concluded in civil or municipal government services .
Payment of sick leave in 2021: percentage of length of service
- a full month corresponds to 30 days, that is, every 30 days in incomplete months are converted into full months;
- A full year corresponds to 12 months. By analogy with months, we convert an incomplete year into a full year;
- We consider the day of dismissal, since it is the same working day.
- from 10/04/2011 to 07/22/2012 he worked in organization N;
- from 10/08/2012 to 02/04/2014 he worked in organization M;
- from 02/20/2014 to 11/20/2019 he worked in organization S;
- from November 23, 2019 to the present, he works in organization X;
- from September 10 to September 15, 2021 – was on sick leave.
Calculation of continuous work experience (nuances)
- 1 month for the general case of transition from one job to another (clause 2);
- 3 weeks (for dismissal in the period from 01.09.1983 to 31.12.2006) when dismissing an employee on his own initiative without a reason recognized as valid (clause 2);
- 2 months after completion of work in the Far North and in areas equivalent to it, or work abroad (clause 3);
- 3 months upon dismissal from liquidated, reorganized or downsizing organizations, from downsizing military units, after dismissal due to the inability to continue working in the same place for health reasons or dismissal of primary school teachers due to the reorganization of the education system (clause 4). For persons who quit for health reasons, a break in work during the period from 07/01/1973 to 10/01/1973 does not affect their continuous work experience . If dismissal for health reasons required time to restore working capacity, then the duration of the permissible break in work is counted from the date of this restoration, confirmed by documentation.
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Does continuous service matter for retirement?
For the purposes of assigning and calculating a pension, the length of continuous work experience has never mattered. However, it can play a role in recognizing a person as a labor veteran (which gives him the right to additional social benefits), if, according to the regional regulations on veterans, such length of service is a condition for obtaining this title.
Regions have the right to themselves establish a list of requirements necessary for conferring the title of labor veteran (clause 4, article 7 of the Law “On Veterans” dated January 12, 1995 No. 5-FZ), and the presence of continuous work experience of a certain length may be one of them.
Find out what your pension will be if you have no work experience from this publication.
How long can I be unemployed so that my work experience is not interrupted?
Work experience is confirmed by entries in the work book, and its duration is calculated by the administration of the organization or enterprise. Depending on the duration of the insurance period, the amount of pensions is calculated. When determining the amount of temporary disability benefits (simply put, when paying for sick leave), the concept of interruption of work experience is introduced. Continuous work experience is understood as the period of last work at an enterprise or organization. At the same time , the length of service is considered continuous when changing jobs for a good reason if the conclusion of a new employment contract was carried out no later than 1 month from the period of dismissal, and in cases of voluntary dismissal without a good reason, this period is reduced to 3 weeks.
How to calculate length of service for sick leave
For example , the amount of insurance experience according to the work book turned out to be 8 years 14 months 35 days.
We convert months into years, we get: 1 year and two months, we do the same with days, as a result we have: 1 month 5 days. Now we add everything up and have the following total: 8 years + 1 year 2 months + 1 month 5 days = 9 years 3 months and 5 days. Sometimes extremely unpleasant situations for the employer occur when an employee immediately goes from one sick leave to another. A reasonable question arises: how many people can be on sick leave without violating the Labor Code of the Russian Federation? By law, this period is strictly regulated and is limited to 12 months. However, it should be noted that the attending physician can issue a certificate of incapacity for work only for half a month, a dentist for 10 days, and if the employee is on sick leave for more than 15 days, then its extension is possible only by the decision of a specially convened medical commission.
Medical experience: interrupted in what cases? How long does it take to stop medical work?
Before moving on to how long medical experience is interrupted, it is necessary to understand what this concept includes. Years of work in medicine include the duration of work, starting from the first working day in a medical institution and ending with the onset of the period when a person has worked in this field for 25–30 years. The number of years worked has legal force, since on the basis of this data the calculation and accrual of pension payments for age/disability and many other social benefits paid by the state are carried out.
How to determine the amount of length of service for accruing sick leave in 2021
- the onset of temporary disability due to illness or injury;
- caring for a family member;
- the citizen himself or a member of his family, including a child under 7 years old, is in quarantine;
- treatment in a sanatorium as directed by a medical institution;
- prosthetics for medical reasons.
- work under an employment contract. Moreover, to calculate the length of sick leave, periods when contributions were not paid, but the employment contract continued to be valid, are not excluded from it. For example, three years of parental leave will also be included in the length of service;
- service in the armed forces and periods equivalent to it;
- work as an individual entrepreneur subject to payment of contributions;
- periods of work in cooperatives and collective farms;
- periods of activity as a deputy;
- periods of work in places of deprivation of liberty, but only after 01.11.01.
What does continuous work experience affect?
Until the beginning of 2007, when the approach to calculating years of service changed, continuous work experience was of great importance and was even regulated by the Labor Code. Working in one place was considered honorable in itself, and working continuously for ten years was even more a reason for pride. At that time, length of service was calculated by only one value - labor, that is, how much you actually worked, so much is yours. In addition, interruption of work experience had a negative impact on almost all other government payments. This concept was especially significant for future pension benefits, because the absence of breaks was a reason for receiving an increase in the amount earned. Other benefits, such as disability payments and long-service bonuses, were also calculated taking into account the total length of service, taking into account continuous work. If a person left the enterprise and interrupted his work experience, he automatically lost a significant part of the payments, which could only be restored after several years of work.
Who pays sick leave and in what amount in 2021?
- To apply for sick leave at a medical institution, you must ask for several sheets on which your main place of work and second job are indicated.
- When working for a long time in one place, the employee develops an income base, based on which both employers will pay for sick leave.
- If over the past two years an employee has moved from one place of work to another, then you need to take a certificate in form 180H from each organization. Upon presentation of these certificates at work, the employee will be paid a cash benefit (Article 13 of Federal Law-255).
- The income base for two years should not exceed the permissible amount (Article 14, Clause 3 of Federal Law No. 255). That is, in 2014 the permissible value is 624,000 rubles, for 2015 – 670,000 rubles. Accordingly, in 2021 this value is 1,294,000 rubles. This amount will be used as a guide when calculating sick leave.
- The certificate of incapacity for work should not contain any notes about violation of the regime. That is, if the patient violated the prescribed regime, the date of violation is entered on the sheet and starting from there, benefits are calculated from the minimum wage.
- Duration of insurance period.
- When caring for a child, the amount of the benefit is determined by age and type of treatment.
How interruption of service depends on the reason for dismissal
The influence of the reasons for dismissal on the time period when a citizen actually remains unemployed, but the time is counted towards continuous work experience, is direct. In the classic case of leaving work (by agreement of the parties, at one’s own request, if there are reasons for dismissal), the law establishes a one-month period for finding a new job after dismissal. The same period is allotted to an employee who transfers, by agreement between employers, from one company to another.
A little more is allocated to former employees of enterprises located in the regions of the Far North (two months), as well as to those who lost their jobs not on their own initiative, in particular due to layoffs (three months).
What kind of length of service is taken for sick leave: general or continuous?
A sick leave certificate is a document confirming the fact of the employee’s incapacity for work or caring for a sick relative, due to which he missed work. Sick leave certificates (certificates of incapacity for work) are issued only by medical organizations that have the appropriate license.
Labor relations are an agreement between an employee and an employer (organization or individual entrepreneur) to perform work specified in the contract for payment. During work, the employee is under the management and control of the employer, obeys the internal labor regulations and works in the interests of the employer (Article 15 of the Labor Code of the Russian Federation).
For what length of service is sick leave paid 100%?
The established periods included in the insurance period are summed up, and the result is the total length of service used to calculate sick leave. Temporary non-working pauses between employment with different business entities do not relate to the insurance period and are not taken into account when calculating it.
It should be taken into account that if care was provided for a child undergoing inpatient treatment or for another family member, then sick pay is calculated depending on the length of service. If care was provided for a child undergoing outpatient treatment, then 100% payment for sick leave in 2021 (the percentage of payment in this case is determined by length of service) is carried out only for the first 10 days of illness, and the remaining days of illness - in the amount of 50%. from average earnings.
Calculation of length of service for sick pay
- work under an employment contract;
- state civil or municipal, military and other services (fire fighting, service in the penal system, etc.);
- other activities when a person was subject to compulsory social insurance for temporary disability and in connection with maternity. For example, when an entrepreneur voluntarily pays contributions to the Social Insurance Fund.
Which family member needed care? What percentage of sick leave accrual, depending on the length of service, is used in calculating benefits for the Child during his treatment on an outpatient basis. The first 10 calendar days are paid based on the “percentage” of sick leave, determined by the employee’s length of service (indicated in the table above). The remaining days are based on 50% of average earnings. For a child during his treatment in an inpatient setting, the percentage of sick leave is determined depending on the length of service according to the general rule (60%, 80% or 100%) For another family member (for treatment in an outpatient setting)
Features of sick leave payment in 2019
In the history of sick leave payment, an event was recorded when Vladimir Putin signed a decree allowing to reduce cash payments from the treasury for especially highly paid workers, which cost the state a tidy sum. The starting point for making such a decision was the desire of more than a dozen Zenit football players to simultaneously receive 162 million rubles on sick leave. The Social Security Fund had no choice but to pay what was due. At the same time, it was calculated that over the past calendar year, the FC transferred contributions to the Social Insurance Fund in the amount of 6 million rubles. Thus, the state suffered huge losses.
In recent years, the procedure for issuing sick leave, its calculation and payment has constantly changed. 2021 was also no exception, although the principles remained the same. An important innovation in 2019 will be the experimental introduction of electronic temporary disability certificates. But first things first.
Rules for calculating insurance experience
In practice, different translation techniques are used. One of the most common is as follows. Each calendar month is considered a full month, regardless of the number of days. So, a full month is considered to be the period from January 1 to January 31, from February 1 to February 28 (if the year is not a leap year), etc.
How to determine the number of complete years and months
In general, the insurance period for calculating sick leave benefits is determined on the basis of the work record book. But if the data in it is inaccurate, partially missing, or there is no work book at all, other documents should be used to calculate the insurance period. These include:
Special work experience is the total duration of a person’s work activity in a certain profession. For example, it is determined how many years the employee served in the army, worked in the diplomatic service, or was engaged in any other activity.
Is sick leave included in work experience?
Article 30 of Law No. 173-FZ of December 17, 2001 provides a fairly clear definition of length of service for assessing the pension rights of insured persons. Work experience is the total duration of not only labor, but also other socially useful activities until January 1, 2002. It is taken into account in calendar order, including the periods during which the employee should have been insured in the pension fund. In other words, he was obliged to pay contributions to the Pension Fund.
Well, now we know whether sick leave is included in the length of service: yes, it is. Moreover, we can calculate for ourselves how our sick leave will be paid if we suddenly get sick. But you still don’t need to get sick, especially if your insurance coverage is short. Therefore, be healthy!
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What is this anyway?
At the current time, the state is no longer so strict in ensuring that employment deadlines are met after a person has been fired . This factor no longer influences the overall pension amount.
When does the internship end?
- In case of termination of activity at the end of the contract in organizations located in the Far North, as well as in areas that are equivalent to it;
- In case of official placement in another state upon termination of the contract with the employer;
- In the case when a person works in a state with which the Russian Federation has concluded agreements on the issue of social security.
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As for how the insurance period is calculated, the law specifies the calendar order. If several periods counted towards the insurance period coincide in time, then according to the law, at the choice of the citizen, one of them must be taken into account. The establishment of standards relating to the calculation of compensation and confirmation of insurance coverage is carried out by the authorized government agency (Ministry of Health of the Russian Federation).
Payment of sick leave in 2021 as a percentage of length of service
It is also important whether the insurance period includes parental leave during the period of benefit calculation. Explanations are given to us by Federal Law 173 (you can download the law above), which states that only the period in which the mother or father was on parental leave for up to 18 months will be included. If you have several vacations, then a total of up to 36 months.
Now the total length of service is used, but previously the continuous length of service was used for calculation. The main innovation is also the use of an electronic certificate of incapacity for work. Experts are confident that such documents will not be inferior to the usual ones, and will make life much easier for workers, reducing their movements around medical institutions, and will also significantly reduce wasted time and help them get to work faster.
How long can you stay on sick leave in 2019?
- if the child is not yet 7 years old, the maximum period for 1 year is no more than 60 days. In extreme cases, it is possible to increase the total duration to 90 days;
- if the teenager is between 7 and 15 years old, you can hope for a “vacation” of 15 to 45 days annually;
- If a child under the age of 18 is recognized as disabled and needs care during illness, the law allows the worker to devote 120 days of working time per year to this.
- 2.5-3 months, which includes 1 month of hospital treatment if the patient has suffered a minor or mild stroke.
- It is believed that with a moderate severity of stroke, the body can recover in 3-4 months.
- In case of severe stroke, sick leave is issued for a duration of 4 to 7 months. Possible disability.
What length of service is taken into account when calculating sick leave?
- Special – a period worked in a position with special working conditions, for example, work in the Far North, in industries with harmful effects.
- Insurance – the total number of periods of a particular activity that provide for the presence of insurance contributions.
- Continuous is a period of work in one, two or more organizations, if the work activity was not interrupted.
- Total labor is the sum of all periods of professional activity. This type includes work under service contracts, as well as labor contracts. When calculating, entries in the work book and existing contracts are taken into account.
- periods of activity entered in the work book;
- private practice (private entrepreneurs);
- activities of civil servants;
- periods of activity under service contracts;
- military service, both periods of military service and under contract.
Legal meaning
The concept of “work experience” has a collective meaning, so the terminology should be separated.
Lawyers distinguish three types of experience:
- Insurance period is the period during which insurance premiums are paid per person.
- Total length of service is the actual value of how many years a person has worked in his life without taking into account breaks in work.
- Continuous work experience shows how many years you have worked without breaks for less than one month (in exceptional cases three months)
The role of each seniority is different. For example, the total length of service does not matter if a person worked unofficially for a long time, since the amount of his income was actually not taken into account anywhere, and there were no insurance payments. Therefore, this will not in any way affect the increase in social payments and benefits.
When can seniority be interrupted upon dismissal?
Even if a person works in one company for a long period of time, but receives his salary in an envelope, the transfers to his account in the Pension Fund of the Russian Federation are too small. This means that you should not count on a decent pension.
Does continuous work experience affect the size of the pension?
During the Soviet Union, continuous work experience was one of the key criteria when calculating pensions. To date, this parameter does not have a serious impact on the calculation of pensions. But there is an exception here too - if the total insurance period of a person is less than continuous work activity, then the larger value is taken as the basis for the calculation.
The birth of a child, no matter what, is an event that dramatically changes the life of any woman. These changes occur especially sharply among officially employed mothers. Motherhood is certainly a wonderful and necessary time, but one cannot but agree that it somewhat pauses the path up the career ladder, because for some time you will have to leave work in any case.
Military pension
The Pension Fund encourages people to retire as late as possible by offering an increase in fixed payments and insurance cash benefits by 36% and 45% points, respectively, if a citizen applies 5 years after receiving the right to security in old age. After 10 years, the fixed payment will increase by 2.11, and the insurance payment will increase by 2.32.
Calculation of continuous work experience (nuances)
- from January 8, 2021 to July 15, 2021 - at Vector-Plus LLC;
- from July 18, 2021 to September 12, 2021 – at Prima OJSC;
- from September 13, 2021 to April 6, 2021 - at the Assorti trading enterprise;
- from April 9, 2021 to February 11, 2021 - at Horizon LLC;
- from February 12, 2021 to the present - at Astra LLC.
After Federal Law No. 225 “On Social Insurance Fund” was adopted in the event of temporary disability associated with the birth of a child, payments will only take into account the periods for which contributions were made to the Social Insurance Fund . Previously, standards were adopted regarding continuous work experience, which contradicted the Constitution of the Russian Federation regarding freedom of labor. The result was the abolition of these norms.
Continuous medical experience
Continuity of work experience in the medical field is important for many. After all, this indicator helps to receive certain additional payments to the established salary. And we are not talking about bonuses at all. What features does continuous medical experience entail? What should you pay attention to? And what additional payments are due to employees under certain circumstances?
It turns out that the higher the salary, the greater the payment. And it is right. After all, all calculations are carried out as a percentage of the earnings received. This means that the bonus for continuous medical experience cannot be the same amount of money. Everywhere has its own salary. And the surcharge depends very much on it.
Towards new frontiers
“My work experience is more than twenty years, but a year ago I lost my job and for a long time could not find a new one. Finally got lucky with finding a job. I worked at the new enterprise for two months... and fell ill. The doctor gave me a sick leave, but will my current company pay for it? After all, I worked here very little. And the social insurance fund, probably, may not compensate for the costs in full, since my work experience was interrupted.”
— From January 1, 2007, to calculate the length of service when paying sick leave, the employee’s total length of service is taken. Work breaks don't count. With a total work experience of twenty years, 100 percent of his average earnings at his last place of work are paid on sick leave. You should know that even a citizen dismissed from work in the event of illness has the right to sick pay for thirty calendar days, in the amount of 60 percent of his average earnings at his last place of work.
When can seniority be interrupted upon dismissal?
However, it happens that the duration of the insurance period for the period before 01/01/2007 will be less than the duration of the continuous work experience. In this case, it is possible to assign benefits in accordance with previously valid regulatory legal acts for the same period, i.e., take as the calculated value the time during which the employee worked without breaks or with breaks that do not violate the flow of the established period.
Pensions and benefits
Now, what length of service is considered continuous is determined differently. According to the norms of the Labor Code of the Russian Federation, this is the period during which the employee worked at the same enterprise. Although none of the articles of the Labor Code of the Russian Federation directly indicates this, this is clear from the meaning, for example, Article 121 of the Labor Code of the Russian Federation. At the same time, this indicator no longer affects the amount of sick leave or the amount of pension. The only thing it gives is allowances and benefits in certain areas. For example, when working as a teacher or doctor. Medical workers are entitled to receive an allowance for many years of work in the healthcare sector. In addition, in the Far North and in similar areas, wage supplements are given to those individuals who continuously work in such climatic conditions. Such regions, in accordance with Order of the Ministry of Labor of the RSFSR dated November 22, 1990 No. 3, include:
How to determine the amount of benefits as a percentage of an employee’s average earnings if, during illness, his insurance period moved to another “category”? : The legislation does not provide a direct answer to your first question, so we turned to the FSS for clarification.
How is sick leave paid if the service is interrupted for 6 months?
The disease is a normal phenomenon for the human body: according to statistics, a person gets sick 1-2 times during the year of his life. Most illnesses become an obstacle to normal work activities, so in this case both the employee and his employer benefit from sick leave.
Payment of sick leave in 2021: percentage of length of service
- Payment of sick leave upon interruption of service
- How is sick leave paid based on length of service in 2018?
- How to pay sick leave if an employee returns to work
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- How is sick leave paid based on length of service?
- How is sick leave paid if the service is interrupted?
- How is sick leave paid if the service is interrupted for 6 months?
Monetary compensation, which is mandatory to be provided to a citizen of the Russian Federation for short-term or long-term disability due to the need to care for an unhealthy child, is provided:
If a citizen of the Russian Federation has lost his ability to work due to injury, illness, or due to the need to undergo further treatment in a sanatorium, monetary compensation for his short-term or long-term disability immediately after hospital treatment is generally paid according to different algorithms.
Caring for a sick child
It should be noted that the difference in officially paid sick leave depending on the treatment regimen for an unhealthy child is considered an innovation, since it was not previously in the legislation of the Russian Federation.
For example, employees of institutions fighting dangerous infections are entitled to a 10% bonus per year of work, but not more than 60%, in some cases - 40%. (Order of the Ministry of Health and Social Development of the Russian Federation dated August 28, 2008 No. 463n).
Employees of an organization or an enterprise who have worked in one place for a long time count on preferences from the administration and the state; they are interested in: what length of service is considered continuous, how is it considered, what is affected by the interruption of work experience, how the interruption of work experience occurs, how many days it is interrupted.
What is continuous work experience?
It should be noted that today the term has lost widespread use. Instead, the concept of “insurance period” is used.
- January 2012 - January 2013 - exactly one year;
- January 01 to January 29, 2013 - a time period that is less than a month, therefore it is subject to inclusion in continuous service (28 days);
- January 29, 2013 - October 5, 2013 - 8 months 6 days of production;
- October 5, 2013 - beginning of January 2014 - time that is not included in the length of service;
- January 1, 2014 - July 12, 2014 - 6 months and 11 days;
- July 13, 2014 - August 31, 2014 - will not be included in the length of service;
- September 1, 2014 - December 12, 2021 - 2 years 3 months and 11 days.
The impact of interruption of work experience: reasons and consequences
Interrupted work experience can be restored based on the order of the trade union at the regional or district level. In any case, the time spent traveling to another location is not taken into account as a break for the spouse and, in general, for all adult members of the employee’s family.
If continuity is monitored in connection with employment for a certain position, obtaining the status of a judge, lawyer, or carrying out other professional activities, then one should be guided by the provisions of industry regulations.
We are accumulating experience
- under an employment contract;
- was in the service (military, civilian, etc., named in Federal Law No. 4468-1 of February 12, 1993);
- was engaged in other activities subject to social insurance in case of temporary disability and in connection with maternity.
Continuity is not important
Indeed, the amount of sick leave benefits directly depends on the employee’s insurance period, the amount of which is determined on the day of the onset of temporary disability (clause 7 of the Rules, approved by order of the Ministry of Health and Social Development dated 02/06/2007 No. 91).
Everything changed a few years ago. In 2006, a bill was submitted to the Duma for consideration, according to which the concept of not continuous work experience, but general one, came to the fore. Previously, the length of continuous work experience determined how much a person would receive payments for temporary disability. If the continuous work experience was up to 5 years, then 60% of the salary was paid, from 5 to 8 years - 80%, more than 8 years - 100% payment. Naturally, working people wanted the transition from one place of work to another to take as little time as possible. In this part, a limit was established - no more than 21 calendar days in case of dismissal of one’s own free will and for no apparent reason. For those who were fired by their employer, this time increased to 1 month.
What is insurance experience?
All information about the length of insurance coverage of a particular person is collected by the Social Insurance Fund. Any citizen has the right to submit a request to the FSS to be given this information. If you disagree with the data received, he can bring additional documents that confirm the presence of periods of insurance experience that were not previously taken into account. If there are sufficient grounds, the length of service will be recalculated.
How is work experience calculated?
The calculation process has been significantly simplified in recent years, since it has become possible to submit a quick request for an individual employee in the electronic system of the Social Insurance Fund. This government organization automatically calculates seniority based on information it receives from companies. Typically, the employer's accounting department is able to obtain accurate data on the insurance history of a particular employee within a few hours.
24 Oct 2021 stopurist 35
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