What types of experience exist?
An ignorant person may think that there is only one type of work experience - general. This is wrong. In fact, experience is divided into several types:
- Actually the total work experience. Here it is necessary to count all periods of a person’s work, including under contract agreements and employment contracts. It is calculated based on the contracts in hand and entries in the work book;
- Special experience. Here we consider work that was carried out in special conditions (for example, in hazardous industries, in the north, etc.);
- Continuous experience. The main distinguishing feature of this type of work experience is the total period of work in one or several organizations without interruption. However, since 2007 it is not taken into account when calculating payments for temporary disability;
- Insurance experience. It is this type of experience that is taken to calculate sick leave. It includes all periods of work with mandatory insurance transfers, as well as civil service and military service.
Insurance period for sick leave - changes in 2021
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.
The execution of an electronic document is carried out using an automated information system, and it is certified by an electronic signature. It is expected to spread throughout Russia within 365 days.
Is military service included in the insurance period for sick leave?
173-FZ clearly defines that service in the army is included in the general length of service. Accordingly, another service equated to military service will also be included in it.
Is maternity leave included in sick leave?
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.
Calculating length of service for sick leave: main points
As mentioned above, to calculate sick leave payments, you need to take into account only those periods of the employee’s work for which payments were made to the relevant insurance funds. In particular, the periods of work for:
- contract agreements;
- work book;
- employment contracts;
- individual entrepreneurship;
- public service.
In addition, when calculating the insurance period, contract service in the army and compulsory military service cannot be excluded.
An example of calculating length of service (according to a work book):
- We take all periods of work according to labor dates, starting from hiring to dismissal;
- we add them up, counting days, months and years separately;
- Now we need to convert days into months, and months into years.
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.
There is no need to include time spent studying at a university or other professional educational institutions in the calculation of sick pay.
When calculating length of service, only those periods of work are taken into account when the employer contributed all due payments to extra-budgetary funds for the employee.
Important! If at the same time an employee worked in two places at once, then to calculate the length of service for sick leave you need to take only one of them.
Why is it important to know the total insurance experience? The fact is that the percentage of payment from the salary of a sick employee directly depends on it.
Calculation of length of service for sick leave
Main parameters for calculation:
- The employee’s total insurance period;
- The exact number of days that the person was absent due to illness;
- Average earnings.
The calculation takes into account the average earnings for a period of two years before the illness. The principle of calculation is quite simple: the total amount of earnings for these two years is divided by the number 730 (the number of days). And if the employee has worked for more than eight years, then he will receive exactly the calculated amount for each day spent on sick leave.
How to calculate length of service for sick leave
In this case, the concept of insurance experience is relevant. It necessarily includes the time spent working under employment contracts (this period can also be determined from the work book). The terms of civil and municipal service are included here. The main feature of this calculation is that it takes into account the period of activity during which the person was socially insured.
What is included in the length of service for calculating sick leave in 2018
These two calendar years include exclusively insurance experience (not to be confused with labor experience, which is necessary when calculating pension payments). Its peculiarity is the transfer of funds to extra-budgetary funds for the employee. Most often, the employer does this for him. However, there are exceptions. For example, individual entrepreneurs can also make these contributions for themselves. Therefore, the period of entrepreneurship will necessarily be included in the total period.
Percentage of sick leave payment depending on length of service
Today there is a direct relationship between the percentage of payment and the insurance period. People who have been paying insurance premiums for eight years or more can claim benefits at 100 percent of their own earnings. Those citizens whose insurance premiums have been received for five to eight years also receive good compensation. The amount of their benefit is equal to 80% of the average daily earnings. If this period is less than five years, then for each day of illness a person is entitled to 60% of his average daily earnings. In principle, only those persons who have been paying insurance premiums for more than six months can count on payment.
Sick leave includes military service
When studying this issue, it is necessary to focus on theses from Federal Law 255. It is in its 16th article that the rules are established that the insurance period, in the same way as work under an employment contract, includes military service. It is clarified that any service is taken into account. It is also stated here that if citizens were subject to social insurance during a certain period, then this period must also be taken into account.
Amount of payments depending on length of service
By law, the final amount of sick pay directly depends on the employee’s insurance coverage. That is, if:
- If the length of service is less than 5 years, then the employee receives 60% of the income for one working day missed due to illness;
- experience from 5 to 8 years, then the amount already reaches 80%;
- 8 years of experience or more - a person can count on 100% payment.
In situations where the length of service is less than six months, payments come from the state budget. The amount for the certificate of incapacity for work is calculated based on the minimum wage (minimum wage) for one month (according to the calendar).
The average daily minimum wage can be calculated using the following formula:
Minimum wage × 24 months / 730 days
Important! If an illness or injury occurs to an employee at the workplace while he is performing his job duties, then sick leave payments will be made to him in the amount of 100%.
Nuance! When calculating payment for sick leave, do not forget that payment for one month cannot be higher than four monthly insurance payments.
What is included in the length of sick leave?
A sick leave certificate is a document confirming the fact of an 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.
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).
Simply put, how many years a person has officially worked and how much sick leave experience he has accumulated in 2021, he will receive such a percentage of the amount of temporary disability benefits (Article 7 of Law No. 255-FZ of December 29, 2006).
For the purposes of assigning benefits for temporary disability and pregnancy and childbirth, the insurance period is understood as the time that the employee (Part 1, 1.1 of Article 16 of the Law of December 29, 2006 No. 255-FZ, Clause 2, 2.1 of the Rules, approved by Order of the Ministry of Health and Social Development of Russia dated 02/06/2007 No. 91):
- worked under an employment contract;
- was in the service (military, civil, etc., named in 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.
Rules for calculating insurance experience
The method for calculating sick leave was introduced by Federal Law No. 255-FZ. Before this law, benefits were calculated based on the total length of service, observing the condition of its continuity. Since 2007, the calculation of this length of service and related issues have been regulated by the Rules approved by the Ministry of Health and Social Development (Order No. 91).
Insurance period is the period of time during which the worker was insured.
And to be insured against accidents, illnesses and other forms of disability means regularly paying contributions to the accounts of the Federal Social Insurance Fund of the Russian Federation.
As a rule, these payments are made not by the employee himself, but by his employer.
The insurance period up to the day of the onset of incapacity is calculated.
With this calculation, the calendar system is taken as the basis: 12 months - a year, 30 days - a month. When counting days, 30 of them are translated as a unit of month, and 12 of months - as a unit of year (Rules, Section III).
As the FSS explains (response dated 10/30/12), such a transfer is provided only for unfinished years or months. In case the employee has worked the calendar time (year, month) in full, then a transfer is not needed.
EXAMPLE: Boborykin V.Z.’s insurance experience is as follows:
- LLC "Raketa" - from 02/11/2003 to 10/26/2006.
- CJSC "Gardener" - from 01/14/2009 to 01/14/2017.
Boborykin V.Z. was given sick leave on November 15, 2016.
Boborykin’s length of service will include 3 years and 8 months of work at Raketa LLC. and 17 days and at ZAO Sadovod, which amounted to exactly 8 years.
All the numbers here - both the number of months and the number of days - are incomplete, so translation is not needed. Consequently, the entire insurance period is 11 years 8 months. and 17 days
Based on Federal Law No. 255-FZ (Article 17), if the calculated insurance period up to 01/01/07 is less than continuous, it is equal to continuous service.
How does the amount of sick leave depend on the length of insurance coverage?
The amount of temporary disability benefits directly depends on the length of insurance (Article 7 of the Federal Law of December 29, 2006 No. 255-FZ). Employee sick pay is calculated as follows:
- with an insurance period of less than 6 months - in the amount of the minimum wage multiplied by the regional coefficient (for a full month);
- with insurance coverage from 6 months to 5 years - in the amount of 60% of average earnings;
- with an insurance period of 5 to 8 years - in the amount of 80% of average earnings;
- with insurance experience of 8 years or more - in the amount of 100% of average earnings.
Calculate your salary and benefits taking into account the increase in the minimum wage from 2021 Calculate for free
Part-time workers: procedure for paying sick leave
Part-timers are a headache for many accountants. Young specialists in accounting departments do not always know how to pay sick leave for this category of workers. This is not surprising: there are some subtleties here too.
For example, if a person is officially employed at several enterprises at once, when receiving sick leave at the clinic, he should notify the attending physician or registrar about this. In this case, he is entitled to as many sick leaves as the number of companies he works for. However, it is important to make a note about which of their positions is the main one, since this is where he can count on additional material support.
Important! If an employee officially works in different places for more than one year, then each employer is obliged to pay for his sick leave.
What length of sick leave is 100% paid?
Now let's talk about how much experience employees need for sick leave in 2019. The length of service is divided by law into three groups:
- 8 years or more;
- from 5 to 8 years;
- less than 5 years.
If an employee falls ill and has at least 8 years of insurance coverage, he is entitled to sick leave benefits in the amount of 100% of average earnings.
If the employee’s work experience is from 5 to 8 years, the benefit amount is 80% of the average salary.
When the length of service is less than 5 years, sick leave benefits are calculated based on 60% of average earnings.
The payment depends not only on the insurance experience accumulated by the employee, but also on the cause of incapacity (Article 7 of Law No. 255-FZ of December 29, 2006).
For more information about this, see the article “Work experience: percentage of accrual of sick leave.”
How long can sick leave last?
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.
Important! If an employee’s illness or injury occurs while he is at work and performing work tasks, then the duration of sick leave in this case is not limited by law in any way. Such certificates of incapacity for work are paid 100% by the Social Insurance Fund.
As can be seen from the above information, calculating length of service for paying sick leave has its own nuances. To correctly calculate sick leave, only the employee’s insurance record should be taken into account, since it is he who determines the final amount of payment for temporary disability.
Sick leave period in 2021
The amount of benefits paid for illness or when caring for a family member depends not only on the amount of wages, but also on the duration of the employee’s working activity. In what order is paid, what length of service is taken into account when calculating sick leave, how to determine it and on the basis of what documents, we will tell you in the article. To pay for days missed due to illness, you must issue a sick leave certificate. It must be issued to a citizen when seeking medical help if an illness prevents him from performing his work duties. Also, a certificate of incapacity for work is issued to a relative when caring for a sick family member: a child or an adult. The procedure for paying for sick days is established in Federal Law No. 255-FZ of December 29, 2006 “On compulsory social insurance in case of temporary disability and in connection with maternity.” Payment of sick leave depending on length of service Why sick leave is not always paid in the amount of 100%, at what length of service an employee will be paid for disability based on the minimum wage - let's look at it in more detail. The dependence of the percentage of payment for disability and length of service is given in Part 1 of Article 7 of Federal Law No. 255-FZ of December 29, 2006. The payment percentage is for continuous work: 8 years or more - 100%; more than 5 but less than 8 years - 80%; less than 5 years - 60%. Also, Part 6 of Article 7 of Law No. 255-FZ stipulates payment of disability to an employee whose duration of employment is less than 6 months, in an amount not exceeding the minimum wage for a calendar month. The minimum wage is currently set at 9,489 rubles. (Federal Law 421-FZ of December 28, 2017). From 05/01/2018 it will be 11,163 rubles. (Federal Law No. 41-FZ of 03/07/2018). A certificate of incapacity for work issued due to pregnancy and childbirth is always paid at 100%, regardless of the employee’s length of insurance. How to calculate length of service for sick leave The calculation rules are established by Order of the Ministry of Health and Social Development No. 91 of 02/06/2007. The length of service required to pay sick leave is determined according to the work record book, as well as other supporting documents. It should include all periods of work or service of the employee. The calculation of length of service for sick leave does not include study time, even if an entry about it is made in the work book. Military service is included in the calculation. If there is no record of it, then the period of service can be confirmed by a military ID. The question often arises: is sick leave included in the length of service? When calculating the insurance period, it is necessary to remember that there are no periods not included in it. All work time while a person is listed as an employee of the organization should be included, without excluding time: illness; next vacation; maternity leave and parental leave; other absence from work. To determine length of service, use the following procedure: Calculate the full calendar years of the period of work or service (from January 1 to December 31). Count the complete calendar months (from the 1st to the last day of the month) that are not included in the complete calendar years. Determine the number of days not included in complete years and months. Convert days to months, based on the calculation 30 days equals 1 month. Convert every 12 months to years. Procedure for calculating benefits for temporary disability To calculate benefits, use the formula: Payment of sick leave for an employee is made for all days of illness. The maximum duration of the disease is 12 months. Payment is made for calendar days, including weekends and holidays. How much sick leave is paid for caring for a calendar year: for an adult or if a child is over 15 years old - no more than 30 days and no more than 7 days in one case; for a child from 7 to 15 - no more than 45 days and no more than 15 days in one case; if the child is under 7 years old - no more than 60 days (in exceptional cases - 90); for a disabled child - no more than 120 calendar days. How to determine the average daily earnings Determine the average earnings to pay for disability using the formula: The calculation period for temporary disability benefits is the two calendar years preceding the year in which the employee fell ill. That is, if an employee fell ill on April 15, 2018, then the employee’s earnings received in 2021 and 2021 should be included in the calculation. The calculation includes all payments to the employee from which insurance premiums for compulsory insurance in case of temporary disability and in connection with maternity were calculated. In this case, payments from the previous place of work are also taken into account if the employee has recently started work. Earnings data is taken into account on the basis of a certificate issued by the previous employer and issued in accordance with Order of the Ministry of Labor No. 182 n dated April 30, 2013. The base for calculating sick leave cannot be less than 24 times the minimum wage. The benefit should also be calculated based on the minimum established wage if the employee had no earnings in the previous two years. The maximum size of the base is limited by the maximum base for calculating social insurance contributions in the billing period. In 2021 it is 1,473,000 rubles. (755,000 + 718,000).
April 24, 2018
PPT.
Documents confirming insurance experience
Only the work book is the basis of all calculations, proof of the reality of working periods. But it may be missing some records, there may be inaccuracies and errors, so for additional confirmation the following must be presented:
- employment contracts (written), drawn up in accordance with the Labor Code, corresponding in time;
- certificates prepared by employers or the necessary government agencies;
- extracts from orders and orders;
- statements and personal accounts related to the employee.
What if the book is not registered for the employee at all? Then the working periods are stated in the employment contract. All this is documented in writing in accordance with the Labor Code and must be timely.
The Rules (section II) provide a list of employee documents. Using them, it is possible to attest to the reliability of experience for different situations.
Example: The head of the company demanded that the new employee bring a certificate and a copy of documents for payment of insurance at the previous place of work. Here the employer’s actions are unlawful: in the Rules (Section II) such documents are not named in the list of documents.
What to do if the dates in the documents are not specifically indicated
The rules dictate:
- if there is no number, then conditionally accept the 15th number;
- if a month is missing, count as July 1.
How to calculate insurance length from a work book, example for sick leave
Home / Banking Law / How to calculate the insurance period from a work book
, example for a sick leave Documents that can be used to confirm that previous employers paid insurance premiums for an employee are not named here. Accordingly, these documents are not required from a new employee. Your actions:
- Check the availability of documents from which you can determine the periods that we will include in the insurance period (work book, employment contracts, etc.).
- Now you can count your insurance period.
Periods of insurance period for sick leave. The insurance period includes:
- periods of work under an employment contract;
- periods of state civil or municipal service;
- periods of other activities during which a citizen was subject to compulsory social insurance in case of temporary disability and in connection with maternity.
The difference between them is as follows:
- Work experience is the total period of a citizen’s work activity. For it to be continuous, it was necessary to find a new job within one month after dismissal. Now this condition is irrelevant, and the very concept of continuity has been abolished. The main difference between work experience and insurance is that it includes absolutely any, incl. and social activities, while in the latter case, insurance payments are not transferred to the Pension Fund of the Russian Federation - accordingly, the length of service is not counted.
- The insurance period is, in fact, confirmation of a person’s work activity, during which he or his employer makes pension and medical contributions.
Sick leave calculator
- Military service.
- Temporary incapacity for work on sick leave.
- Leave to care for children under 1.5 years of age with a total duration of no more than 6 years.
- Periods of detention provided that the person’s guilt has not been proven.
- An employee caring for a person over 80 years of age, a disabled person of the first group, or a disabled child.
- Duration of residence of spouses of military personnel at the place of their service in the absence of employment opportunities, but not more than 5 years.
- The duration of residence of spouses of employees of a consulate or diplomatic mission for a total duration of no more than 5 years.
Rules for calculating length of service Before 2002, the size of the pension was significantly influenced by length of service, but after the start of the pension reform, a different term was used - “insurance period”.
What is included in the insurance period for sick leave?
Attention
SS are not involved. Thus, the SS is equal to 3 years 10 months. What documents are used to calculate length of service for the Social Insurance Fund? Work experience for sick leave is calculated according to the employee’s work book. If a document is missing or contains incorrect information, the following are taken into account:
- labor agreements formalized by law;
- certificates issued by the employer;
- personal accounts;
- extracts from orders.
All documents must contain:
Acting employee;
- employee's date of birth;
- place of work;
- job title;
- work period.
- work under an employment contract;
- state and municipal service;
- period of activity as an individual entrepreneur;
- engaging in activities as notaries, private detectives, private security guards;
- periods of activity as a deputy (Federation Council, State Duma), as well as periods of filling these government positions;
- periods of activity as a clergyman;
- periods of engaging a person sentenced to imprisonment in paid work, provided that he fulfills the established work schedule;
- periods of work as a member of a collective farm or production cooperative, subject to personal labor participation in its activities.
The papers are transferred to the accounting department at the insured person’s place of work. If an insured event occurs and the employee cannot provide the necessary documents to calculate the insurance period, then information about the employee’s salary and length of service should be requested from the Pension Fund of the Russian Federation.
Consequences of incorrect calculation of the insurance period Incorrect determination of the length of service can lead to incorrect calculation of benefits and, as a result, may lead to claims from both the Social Insurance Fund and employees. Length of insurance on the sick leave certificate The calculated insurance length of service is indicated on the sick leave certificate in the line “Insurance period”.
The amount of temporary disability benefits if an employee falls ill within 30 days after dismissal does not depend on the length of service and is paid to everyone in the amount of 60% of average earnings.
In this case, when filling out a sick leave certificate, in the “Insured Experience” line, you can indicate the number of full years and months of the employee’s work as of the date of dismissal from your company.
How to calculate work and insurance length from a work book: formula, examples
What is not included in this type of experience The periods when you were on parental leave, as well as all other periods not mentioned in the law, are not included.
How to calculate the insurance period for sick leave in 2018
Individual entrepreneur, period of receiving unemployment benefits, caring for a disabled person or elderly relative and others. The full list of such periods is described below, in the paragraph “What is included in the insurance period”.
- If you have served in the military, indicate its duration in the drop-down list.
- Click "CALCULATE". You can save the result as a doc file.
- Please also take into account:
- Use the Today button (circle with a dot) to quickly insert the current date.
- Use the appropriate buttons to add, delete and clear required fields for faster and more convenient entry and change of information.
About the length of service calculator for sick leave The calculator will help you quickly calculate the length of service required when filling out a sick leave certificate (disability certificate).
This means transferring a copy of such a report to one employee means disclosing the personal data of other employees.
28 Rules, approved. NKT USSR 04/30/1930 No. 169). But sometimes these 11 months are not so spent.
So, for such persons you need to take both SZV-M and SZV-STAZH!
Insurance period calculator
Calculating continuous work experience Nowadays, continuous work experience is not required, but previously permissible periods of absence from work depended on certain circumstances:
- In case of voluntary dismissal – 1 month before subsequent employment.
- Upon termination of employment contracts by employees working in the Far North, abroad - 2 months.
- For persons dismissed due to downsizing, reorganization or liquidation of an enterprise, a three-month period was established.
How to calculate continuous work experience:
- Enter the date of dismissal in the column on the piece of paper, subtract the date of employment.
- If the break does not exceed the established norms, add up the results.
But other rules for confirming insurance experience are allowed if this is provided for by an international treaty (clause 6 of the Rules approved by order of the Ministry of Health and Social Development of Russia dated February 6, 2007 No. 91).
Thus, paragraph 2 of Article 6 of the Agreement between the Government of the Russian Federation and the Government of Ukraine on the labor activity of citizens of Russia and Ukraine dated January 14, 1993.
It has been established that length of service acquired in connection with work in the territories of both countries is mutually recognized.
Based on this, the employee’s time of work in Crimea before the Republic of Crimea joined Russia is included in the insurance period for calculating sick leave benefits on a general basis. Situation: is it necessary to take into account the time of maternity leave when calculating an employee’s length of insurance to calculate sick leave benefits? Yes need.
- 1 Which periods to include
- 2 How to confirm insurance experience
- 3 Requirements for documents on experience
- 4 Last day for calculating length of service
- 5 Calculation of insurance period
The amount of sick leave benefits depends on the employee’s insurance length, that is, on how many years he has worked (Article 7 of Law No. 255-FZ of December 29, 2006). Determine the insurance period 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 of Russia dated February 6, 2007 No. 91). What periods to include In your insurance period, include the following periods:
- work under an employment contract;
- state civil or municipal service;
- military and other service named in the Law of February 12, 1993
Source: https://viz-net.ru/kak-schitat-strahovoj-stazh-po-trudovoj-knizhke-primer-dlya-bolnichnogo-lista/
Periods of insurance coverage for sick leave
Federal Law No. 255-FZ established the following periods for the insurance period:
- all work carried out under an employment contract;
- services in government agencies, municipal institutions;
- other work, if the conditions for paying insurance are met. For example, periods:
- working as an entrepreneur in his own enterprise;
- holding an honorary (but unpaid) position - being a local deputy or priest;
- service in the military and law enforcement agencies;
- when the employee was unemployed and receiving benefits;
- being on maternity leave;
- caring for the elderly and disabled;
- living with a spouse, a contract serviceman, where there was no opportunity to work;
- of a different nature provided for by law.
For the following periods of work, an employee is not entitled to sick leave when he:
- got a job without drawing up an employment contract.
- being an entrepreneur, he evaded enrollment in insurance.
- took a vacation at my own expense.
What is the insurance period for sick leave?
Article 16 of Federal Law No. 255 FZ dated December 29, 2006 (as amended on May 1, 2017) defines not only the concept of insurance coverage, but also the procedure for calculating and transferring benefits for temporary disability and maternity.
The insurance period for sick leave is equal to the sum of the periods of any labor activity during which the employee was subject to compulsory social insurance in case of temporary disability or maternity. In other words, these are the years, months and days of work of a citizen for which contributions to the Social Insurance Fund were transferred.
Military service or service in law enforcement agencies is also included in the calculation of length of service. If insurance periods coincide in time, only one is taken into account to calculate the length of service. That is, they do not increase the insurance period.
What periods are considered non-insurance?
As a general rule, sickness benefits are paid for all calendar days (including weekends and non-working holidays) that are indicated on the sick leave. But there may be exceptions.
Thus, an employee of an organization is an insured person, but if he is presented with a certificate of incapacity for work, some periods may not be included in the insurance period.
These are the moments:
- removal from work, for example, in case of evasion
- mandatory medical examination;
- arrest;
- participation in court medical examination;
- just me;
- exemption from work, for example when on leave at your own expense or on study leave.
But you need to keep in mind that in case of illness during annual leave, sick leave is paid.
In addition, sick leave is not paid to persons who intentionally caused harm to their health, as well as in the event of a suicide attempt (intention must be established by the court).
You cannot count on receiving benefits even if the incapacity for work occurred in connection with the commission of an intentional crime by the insured employee.
Periods of insurance period
Law No. 255-FZ dated December 29, 2006 (as amended on January 1, 2013), Article 16 reflects information about which periods should be included in the insurance period:
- periods of work under an employment contract. It is worth noting here that if an employee is on maternity or child care leave, then the periods of these vacations are also included in the insurance period, since the employment contract with the employee continues to be valid, the woman retains her place of work and position;
- state civil or municipal service;
- periods of other activities when a citizen was subject to compulsory social insurance in case of temporary disability and in connection with maternity. Here, the concept of “other service” is deciphered in detail in Order No. 91 of 02/06/2007, this can be activity as an individual entrepreneur, advocacy, etc., the main thing is that the insured person receives contributions to the Social Insurance Fund of the Russian Federation during the period of this activity;
- periods of military service in the army, service in internal affairs bodies, in the penal system and other service provided for by Law No. 4468-1 of February 12, 1993.
If several periods included in the insurance period coincide in time, then only one of these periods is taken.
The calculation of the insurance period when accruing sick leave occurs at the time of the employee’s illness. The number of calendar days of the insurance period is calculated, then they are converted into full years, months and days. Moreover, when calculating length of service, you need to take into account that a year is 12 months, and a month is 30 days. Based on the obtained value, the amount of sick leave benefits is determined:
- 60% of average earnings - if the employee’s insurance coverage is less than 5 years;
- 80% – experience from 5 to 8 years;
- 100% – more than 8 years of experience.
If the employee’s insurance period is less than 6 months, then sick leave is calculated based on the minimum wage; this is described in detail here.
How the amount of sick leave depends on length of service in 2021 (table)
Our table provides information on how the amount of benefits depends on length of service. The higher it is, the greater the benefit.
Cause of disability | Employee length of service | Percentage of sick pay depending on length of service (% 2018) |
Illness of the employee himself | 8 years or more | 100% |
from 5 to 8 years | 80% | |
up to 5 years* | 60% | |
Occupational disease or accident at work | Any | 100% |
Care for a sick child (under 15 years of age) on an outpatient basis | 8 years or more | 100% for the first 10 days and 50% for subsequent days of incapacity |
from 5 to 8 years | 80% for the first 10 days and 50% for subsequent days of incapacity | |
up to 5 years* | 60% for the first 10 days and 50% for subsequent days of incapacity | |
Care for a sick child (under 15 years of age) in a hospital and care for an adult family member (including a child over 15 years of age) on an outpatient basis | 8 years or more | 100% |
from 5 to 8 years | 80% | |
up to 5 years* | 60% |
* The amount of benefits for employees who have worked for less than 6 months is limited to the minimum wage calculated for a full calendar month (taking into account the regional coefficient, if applicable in a given area). This is stated in paragraph 6 of Article 7 of Law No. 255-FZ.
If an employee takes sick leave within 30 days after dismissal, the employer is also required to pay him benefits.
When calculating, the following main points should be taken into account:
- labor activity was carried out with the payment of insurance;
- length of service is listed by month;
- The average salary is calculated for the previous 2 years.
Example: An employee who has been working in a company since 06/08/2015 fell ill and took sick leave from 04/22/2016. Before that, from 02/01/2010 - 06/04/2014, he worked in another company. There is a record of this in the work book. Calculation: in 2011-2014, in the same place, he worked for 4 years, 4 months. and 4 days
They worked at the new enterprise for 10 months. and 14 days.
Total - 4 years, 14 months. and 18 days. 14 months equals 1 year plus 3 months. After transfer, the insurance period is 4 years, 3 months. and 18 days. An employee has the right to claim a benefit of 60% of the average salary.
Calculation example
To calculate benefits, you need to calculate the insurance period of worker Yuri Panin. The sick leave was discharged on August 10, 2016.
Work book entries:
- from 12/05/2011 to 07/19/2013 Panin worked at Kvant JSC;
- from 07/22/2013 to 08/24/2015 – at Zarya JSC;
- from 08/26/2015 to 08/30/2015 – at JSC Mechta;
- from 08/31/2015 to this day - Vector LLC.
The insurance period must be calculated on the day preceding the day of illness (accident), i.e. August 09:
- from 05.12.2011 to 19.07.2013 – 1 year 7 months. 15 days;
- from 07/22/2013 to 08/24/2015 – 2 years 1 month. 3 days;
- from 08/26/2015 to 08/30/2015 – 0 year 0 month. 5 days;
- from 09/31/2015 to 08/09/2016 – 0 year 11 months. 10 days
We get: 3 years 19 months. 33 days and translate.
In total: 4 years 8 months. 3 days
Yuri Panin's insurance experience is only 4 years and 8 months. 4 days He can count on benefits of 60% of the average salary.
So, the analysis of the question of how to calculate the insurance period for sick leave has been completed.
At first glance, this calculation seems complicated, but in reality there is no difficulty in it. Calculations are much easier and benefits increase if all documents are properly drawn up and submitted on time.
Procedure for calculating temporary disability benefits
To calculate benefits, use the formula:
Payment for the employee's sick leave is made for all days of illness. The maximum duration of the disease is 12 months. Calendar days are paid, including weekends and holidays.
At the same time, how much sick leave is paid for care for a calendar year depends on the patient’s age:
- for an adult or a child over 15 years old - no more than 30 days and no more than 7 days in one case;
- for a child from 7 to 15 - no more than 45 days and no more than 15 days in one case;
- if the child is under 7 years old - no more than 60 days (in exceptional cases - 90);
- for a disabled child - no more than 120 calendar days.
Payment of sick leave in 2021 as a percentage of length of service, taking into account changes
Everyone knows that benefits in case of temporary disability are assigned and paid to employees only on the basis of a sick leave certificate issued by a medical institution. Now sick leave can also be electronic.
You must understand that if a person works under a civil law contract (GPC), then he will not be paid sick leave during this period. A GPC agreement is not an employment contract, and the employee under it is not socially insured.
Payment for not all periods of incapacity depends on the length of insurance coverage. For example, sick leave for pregnancy and childbirth (maternity leave), as well as sick leave due to an accident at work or an occupational disease, is calculated based on 100% of average earnings.
In other situations, the percentage of payment for sick leave depends on the length of insurance coverage and is:
- 60% of average daily earnings with work experience from 6 months to 5 years;
- 80% of average daily earnings with 5 to 8 years of experience;
- 100% of average daily earnings with 8 years of experience or more.
What if the employee has less than six months of insurance coverage? Then, according to the law, the benefit is paid to him in an amount not exceeding the minimum wage for a full calendar month, and in regions and localities in which regional coefficients for wages are applied in accordance with the established procedure, in an amount not exceeding the minimum wage taking into account these coefficients (with On January 1, 2021, the minimum wage in Russia is 9,489 rubles).
A sick leave certificate can also be issued to an employee to care for a sick child or other family member. This procedure is provided for by order of the Ministry of Health and Social Development of the Russian Federation No. 624n dated June 29, 2011. The legislation allows it to be issued not only to the mother, but also to the father, grandmother, grandfather or other family member.
If an employee was on sick leave due to the fact that he was caring for a sick member of his family, then payment for sick leave will depend not only on the length of service, but also on who was cared for (Parts 3, 4, Article 7 of the Law of 29.12 .2006 N 255-FZ).
Which family member needed care? | What percentage of sick leave accrual depending on length of service is used in calculating benefits? |
For a child (up to 15 years old) during 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 (see above). The remaining days are based on 50 percent of average earnings. |
A child (up to 15 years old) in a hospital or an adult during outpatient treatment | 60, 80 or 100 percent depending on length of service as a general rule. |
Every employee should take their documents seriously, especially the work book and its records. Be demanding in terms of paperwork during employment and dismissal. Don’t be lazy and make copies and extracts in a timely manner. Find out from the accounting department whether his insurance premiums have been paid on time.
The amount of sick leave benefits depends on length of service
The amount of sick leave benefits that an ill employee of a budget organization will receive is directly dependent on his average earnings, and not just on what is included in the insurance period for calculating sick leave in 2021. The higher they are, the larger the amount of benefits due.
Parts 1-4 of Article 7 of the Federal Law of December 29, 2006 No. 255 FZ (as amended on May 1, 2017) establish the percentage of sick leave from the length of service. Let's consider the provisions of federal legislation in the form of a table.
Cause of disability | Sick leave experience 2021, % of payment from average daily earnings | ||
Less than 5 l. | From 5 to 8 l. | More than 8 l. | |
Illness of the employee himself Caring for a sick relative (in an outpatient clinic) Caring for a sick child (in a hospital) | 60% | 80% | 100% |
Work injury | 100%, regardless of length of service | ||
Caring for a sick child in an outpatient clinic | During the first 10 days of illness: | ||
60% | 80% | 100% | |
For the following days (from 11 days onwards): 50%, regardless of length of service | |||
Pregnancy and childbirth | 100%, regardless of length of service | ||
Child care up to 1.5 years old | 40% | ||
Incapacity for work within 30 days from the date of dismissal | 60%, regardless of length of service |
IMPORTANT!
If an employee is hired by a budget organization and has worked for less than 6 months, then the average salary for sick leave is calculated based on the minimum wage.
Insurance period for sick leave: how to find out and calculate in 2021
Every adult who continuously cares about their own future has probably come across the concept of insurance experience . Is it needed for a good life in the future, what role does it play, how is it calculated, and on what factors does it depend - all this will be discussed within the framework of the material.
The insurance period is an indicator characterizing the total duration of periods of work of a person who was insured throughout his entire life. During these time periods, insurance premiums were paid. This definition takes place in the current legislation of Federal Law No. 27 of April 1, 1996.
From the general definition of the concept, several key features that characterize this concept:
- since this length of service strictly includes periods associated with work activities, there is no right to make payments by non-working persons;
- if labor activity is not carried out in accordance with objective socially significant causal factors (unemployment in the country, child care, illness), then these periods are not counted towards the insurance period;
- It is also worth considering in detail the concept of labor activity: since pension fees are usually withdrawn from the income of individual entrepreneurs and ordinary citizens in any area of activity, the legislator probably classified them as labor work, which has a number of contradictions with labor law.
If you pay attention to the historical background in this area, then during the pension reform, the second level in the entire system is occupied by the insurance pension, which is calculated based on the duration of insurance and the amount of payments made.
Implementation activities within the framework of this reform began with the adoption of Federal Law No. 27 “On Individual Accounting”. This work was carried out in stages and today has finally reached its actual finish.
Then Federal Law No. 165 was adopted (07/16/1999). According to him, the general concept of work experience has undergone a number of adjustments. According to Art. 3. Given this legislative norm, length of service began to be defined differently: this is the total length of time for paying insurance premiums.
And since there is a virtual absence of reference to work activity, there is a noticeable contradiction . The general theory of law gives the “new” law priority over the “old” one.
Accounting principles
, several fundamental principles are used in relation to insurance premiums :
- unity of the pension and insurance system throughout the country;
- universality of payment of insurance premiums;
- mandatory recording of materials about insured citizens;
- availability of information for each person holding a policy;
- correspondence of data on amounts “on paper” to materials with actually listed values;
- maintaining accounting operations during all work, using length of service for the purpose of calculating insurance payments and calculating pension benefits.
Who has the right to count on an insurance pension?
There are several categories of citizens who are entitled to receive this mandatory payment:
- citizens of the Russian Federation subject to insurance in accordance with Federal Law No. 167, adopted on December 15, 2001, if they have complied with the list of conditions provided for by this legislation;
- disabled family members of the citizens mentioned above can count on receiving support from the state related to the loss of a breadwinner;
- foreigners or stateless persons who permanently reside in the country have the right to count on pension provision on an equal basis with citizens of the Russian Federation, with the exception of situations established within the Federal Law.
Types and areas of activity
In practice, it is customary to use several classic types and forms of insurance experience. The first of these is general experience. It represents a period of work or other activity that was carried out on the territory of the Russian Federation by persons appearing within the framework of the legislation of Part 1 of Art. 4 Federal Law No. 27 “On individual accounting”.
In this case, an important role is played by compliance with the condition related to the fact that during these time periods contributions to the Pension Fund were accrued and paid.
In addition, in practice, the concept of special (professional) insurance experience is highlighted. It represents the total duration for all periods of labor activity in workplaces where harmful or particularly difficult working conditions are expected, as well as special natural and climatic zones.
In these cases, it is customary to use a special status for the payment of insurance premiums and apply a number of legislative norms and issues relating to their payment.
The SS includes temporary periods of work or other activities performed by citizens of the Russian Federation:
- on the territory of the country, subject to the payment of CB for the entire period during which the work was carried out;
- abroad within the framework of situations provided for by law or international treaties.
, the following time periods occur :
- the period of service of the person;
- receiving benefits from the Social Insurance Fund in case of disability;
- child care;
- receiving appropriate unemployment benefits;
- participation in public works;
- detention of persons without justification;
- caring for a disabled person;
- living in areas with no employment opportunities;
- residence abroad when sent to diplomatic missions.
Interest for 2021
The size of the benefit as a percentage is directly dependent on the employee’s insurance experience:
- if the SS is from six months to a 5-year period, the payment is made in a monetary value equal to 60% of the average income;
- when a specialist has worked for 5-8 years, accrual implies payment of an amount equal to 80% of income;
- If the insurance period exceeds 8 years, 100% of the citizen’s income is paid.
In order to avoid errors in settlement transactions, it is necessary to learn how to correctly determine indicators of work experience.
Purpose, confirmation, consequences
The assignment of a daily allowance in the event of illness, injury, caring for a sick child or other temporarily/permanently disabled family member is carried out in the amounts and quantities specified in the previous paragraph.
- That is, the minimum this indicator is 60% (if the experience has not reached 5 years), and the maximum it is 100% (if it is 8 or more annual periods).
- Payments related to pregnancy and childbirth are calculated based on 100% of average daily earnings.
- If we talk about payment in connection with an accident in the production process or an occupational disease, the calculation is made on the basis of 100% of earnings, length of service does not play any role.
If the length of work experience of a specialist is determined incorrectly, this may result in incorrect calculation of benefits, which may entail certain consequences on the part of the federal insurance service and the employees themselves.
The calculated indicator of the insurance period must be directly indicated on the sick leave certificate in the line “insurance period”. The PVS size indicator, if an employee falls ill during the 30-day period after dismissal, does not depend on the length of service and is subject to payment in the amount of 60% of average income.
In such a situation, in the process of filling out a sick leave certificate, it is permissible to indicate in the corresponding line the number of full years and months of work as of the date of dismissal from the organization.
Confirmation of insurance experience is carried out traditionally within the framework of the following scheme :
- work under an employment agreement, service in state or municipal structures - on the basis of a work book or certificate that was provided by the previous employer;
- military or other service - on the basis of a military ID.
In order to confirm their work experience, part-time workers undertake to carry with them a photocopied version of the work book, which is certified for the main workplace. That is, in any practical situation, the work book serves as the main document.
How to find out and how to count
It is important to distinguish between the concepts of employment and insurance experience, since they are different. Work experience is the duration of strictly labor activity carried out on the basis of a contract.
The insurance period is the time period during which the premiums were paid. To confirm the insurance time period, a certain list of papers and documents :
- written contractual agreements, the execution of which took place in accordance with labor legislation;
- certificates provided by employers and government agencies/services;
- extracts taken from order documents;
- personal balances and statements related to the issuance of salaries.
To carry out settlement transactions for the insurance period for sick leave, certain instructions are used. Let us immediately make a reservation that such actions are carried out in calendar order, including the calculation of full months and years.
In this case, every 30 days transfers are subject to full months, and every 12 months – to years. If there is a coincidence in time between working periods included in the length of service, one of such periods of time is taken into account based on the choice of the insured employee.
The task is to calculate the insurance length indicator for employee Anton Plyushkin, there is the following data set :
- from the beginning of 2012 until July 20 of the same period, citizen Plyushkin performed labor duties at OJSC Firma;
- then he did not work for a month, and from July 22 of the same year to August 25. In 2014, he got a job and worked at Integral LLC;
- from August 26, 2014 to August 29, 2014, he had the opportunity to try himself as a manager at Sberbank PJSC;
Source: https://znaybiz.ru/kadry/oplata/bolnichnyj/straxovoj-stazh.html