How is sick leave paid based on length of service in 2020-2021?

Calculation of experience from 2021

An important change in sick leave occurred for all employers from January 1, 2021. From this moment on, the payment of benefits for temporary disability and maternity leave occurs directly from the regional branch of the Social Insurance Fund to the employee’s account.

For more information about this, see here “FSS pilot project “Direct payments” in 2021: regions.”

We also note that a number of regions have already switched to this system of paying benefits for sick leave by 2021.

Let us remind you that an employee has the right to receive benefits during his illness or injury, as well as for the period of caring for a sick family member. To do this, it is necessary to have a correctly completed temporary disability certificate, including an electronic one (ELN).

And the amount of the benefit directly depends on the length of service, which is stated in Part 1 of Art. 7 of Federal Law No. 255-FZ of December 29, 2006.

For clarity, we present the table below.

So, we see that only with 8 years , an employee has the right to receive sick leave benefits in the amount of 100%. This table will help you not make a mistake in 2021 with how much a particular person is entitled to for his sick leave.

How to use the calculator

Instructions for using the length of service calculator for sick leave

1. If you know your length of service as of a certain date, then enter in the “Experience as of date” field the specific day and the number of years, months, days of experience as of that day. These fields are optional, but if you have this data, it will significantly reduce your calculations.
2. In the “Date of hiring” and “Date of dismissal” fields, enter your dates, for example, according to your work book. You must fill out at least one line of this table.
3. The “Additional periods” may include such periods as: being in the state or municipal service, the period of work as an individual entrepreneur, the period of receiving unemployment benefits, caring for a disabled person or an elderly relative, and others. The full list of such periods is described below, in the paragraph “What is included in the insurance period”.
4. If you have served in the military, indicate its duration in the drop-down list.
5. 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.

Experience for calculating sick leave for care in 2021

In accordance with Part 3 and Art. 7 of Federal Law No. 255-FZ of December 29, 2006, the amount of benefits depends not only on length of service. What matters here is which family member the employee was caring for.

In order not to miss anything or make mistakes when calculating sick leave in 2021, we have also prepared the following table.

Foreigners will have their entire length of experience taken into account

Workers who come from EAEU countries will be able to apply for calculation and receipt of a pension in Russia, taking into account the period of work in their homeland. As President Vladimir Putin said, the corresponding agreement has practically been prepared by the Eurasian Commission.

From the draft document published on the official website of the Eurasian Economic Union, it follows that a citizen will be able to apply for a pension when he reaches the age of retirement both in his country of residence and in the state where he works. He will be able to receive money from both states for the time actually worked. That is, the length of service gained while working in the Russian Federation is taken into account by the Pension Fund, and the period when he had work experience for a pension in his homeland will be taken into account by the competent authorities in the field of pensions in another country.

It is interesting that in the Russian Federation, in order to calculate a citizen’s individual pension coefficient, they are ready to take into account work experience acquired not only on the territory of the Russian Federation, but also on the territory of the states of the former Union of Soviet Republics. And if this turns out to be not enough, then periods of work in the territory of the EAEU countries will be counted. That is, we are actually talking about summing up the length of service if the citizen has supporting documents. The authorities are probably ready to recalculate pensions for more than 40 years of service.

It is planned that the size of the pension and the rules for its establishment will be determined by national legislation. But they will no longer be able to refuse to award payments due to lack of citizenship or other place of residence to a foreign citizen who has the opportunity to apply for an old-age, disability or long-service pension.

Source:

Personnel portal CLUB TK

Heading:

Pensions

length of service pension recalculation pension savings insurance pension

• Igor Voishnis

Sign up 7800

9750 ₽

–20%

What is included in the length of service for calculating sick leave in 2020-2021

The insurance period for calculating sick leave differs from the length of service used, for example, for retirement or to determine the right to vacation.

Let's understand the intricacies of calculating this type of experience. To do this, you need to refer to parts and 1.1 art. 16 of Federal Law No. 255-FZ of December 29, 2006. It states that the insurance period for calculating the certificate of incapacity for work includes:

• period of work for all employers under an employment contract (regardless of the form of ownership);
• period of civil service, as well as municipal service, military and other (for example, service in the bodies of the Penitentiary Institution or the Ministry of Emergency Situations);
• a period of other activity when the employee was insured (for example, when an individual entrepreneur voluntarily paid insurance premiums for temporary disability and maternity).

The time of maternity leave or study at a university is not included in the length of service for calculating sick leave.

By the way, in 2021 the rules for calculating length of service remain the same.

Counting rules if activity is interrupted

Another important question that worries employees: how is length of service calculated and benefits paid if work activity is interrupted? Since, according to Article 7 of Federal Law No. 255, not the total length of service, but the insurance period, is used to calculate the length of service , any “gaps” in it are simply not taken into account: the length of service is considered to be the summation of the periods of insurance payments for the employee.

For example: a citizen was employed in one position for 1 year, after which he quit and found a second job, where he also worked for a year, only six months later. In this case, the duration of work for calculations is equal to: 1 year at the first + 1 year at the second job.

Documents for calculating length of service in 2021

An accountant may have a question about where to get the data to determine the length of service, other than the work book. This information will also not be superfluous for the employee, since a lack of just 1 month before 8 years of work experience can result in a 20% reduction in disability benefits.

Therefore, having analyzed the norms of the order of the Ministry of Labor of Russia dated 09.09.2020 No. 585n (Section II Rules for calculating and confirming the insurance period for determining the amount of benefits for temporary disability, pregnancy and childbirth), we came to the conclusion that the data for calculation can be taken in the following documents:

• employee's work record book;
• employment contract;
• certificates from previous places of work;
• personnel documents (orders for admission, transfer, etc.);
• salary documents (slips, personal accounts, etc.);
• other documents.

As you can see, the list is not closed . Therefore, you can confirm your experience with other documents. For example:

• An individual entrepreneur can confirm the voluntary payment of contributions to the Social Insurance Fund with a certificate and receipts (payment orders);
• the period of military service can be confirmed with a military ID (especially since for military registration the employee provides a military ID to the personnel department).

If an employee has some periods of service or work that overlap, only one . For example, an entrepreneur was registered at a permanent place of work from January 1, 2021 and, as an individual entrepreneur, paid contributions to the Social Insurance Fund in case of temporary disability and maternity in 2021. However, these periods of intersection cannot be “added.” This is regulated by Part 2 of Art. 16 of Federal Law No. 255-FZ.

How to confirm working hours

If a person worked not in one organization, but in several, then the duration of his work activity is the sum of all periods of time when insurance premiums were paid for him. Of course, a tool such as an online experience calculator is convenient, but it is necessary that the accounting department of the current employer takes into account the total work time correctly. It should be confirmed by the following documents:

• labor;
• a contract, for example, with a state or municipal service;
• a certificate issued by the previous employer;
• military ID (confirms the period of military service under conscription or contract).

For part-time workers, their output is counted at their main place of work: they need to present to the accounting department of the additional employing organization a copy of the first document from the list published above. It is certified at the place of main work.

Rules for calculating length of service in 2021

To calculate length of service in 2021 (as well as in other years), it is necessary to determine the date preceding the date of onset of illness (or caring for a sick family member) of the employee. This rule is enshrined in Part 3 of Art. 16 of Federal Law No. 255-FZ and clause 8 of the Rules approved by Order of the Ministry of Labor of Russia dated 09.09.2020 No. 585n (hereinafter referred to as the Rules).

Please note that the time that the employee does not work and is “on sick leave” will subsequently be included in the calculated length of service, since the employment contract with the employee is not terminated and he remains insured.

To calculate the length of service, partial months are not taken into account. That is, rounding to the full month does not occur . fully worked can be taken into account .

Example 1

Storekeeper Semenova E.S. began her career on March 3, 2015 at Kompleks LLC. This is her first and only place of work. From March 1, 2021 Semenova E.S. took sick leave to care for her sick mother.

It turns out that the storekeeper is entitled to payment for sick leave in the amount of only 60%. She was 5 years and 1 day shy of age. Her length of service for calculating sick leave was 4 years 11 months and 29 days.

The certificate for calculating Semenova’s length of service will look like this:

Anticipating your questions, let us explain that this approach is regulated by clause 23 of the Rules. A full year is not a calendar year from January 1 to December 31, but rather 12 months from the date of the event (going to work, for example). In the same way, a full month is not a calendar month, but a conditional 30 days.

To correctly calculate the length of service, we must do this:

1. We count the total number of days that are not included in full months and years.
2. We divide this amount by 30. We take into account only the whole part that was obtained from the division (for example, as a result of the calculation you got 1.2 months; take 1 month into the calculation).
3. If the resulting sum of whole months is more than 12, we convert these months into years. Using the same principle, we divide by 12. And we take full years into account.
4. The months and years obtained as a result of this calculation must be added to the whole months and years that were taken into account at the very beginning of the calculation.

Let's calculate the employee's insurance period to calculate sick leave.

Example 2

The employee brought sick leave for the period from August 10 to August 15, 2021. Data from his work record:

• from January 1, 2015 to July 20, 2015 – worked at Perspektiva LLC;
• from July 22, 2015 to August 25, 2021 - at Vesna LLC;
• from August 26, 2021 to August 29, 2021 - at Znak LLC;
• from September 1, 2021 to the present – ​​working at Pyramid LLC.

The length of service should be calculated on the day preceding the day of onset of illness. That is, in our example on August 9, 2021:

• from 01/01/2015 to 07/20/2015 - 0 years 6 months. 20 days;
• from 07/22/2015 to 08/25/2017 - 2 years 1 month. 4 days;
• from 08/26/2017 to 08/29/2017 - 0 years 0 months. 4 days;
• from 01.09.2017 to 09.08.2020 - 2 years 11 months. 9 days

Total: 5 years 7 months. 7 days

When calculating benefits, the average daily earnings must be multiplied by 80%.

How to calculate total work experience

The duration of an employee’s compulsory labor insurance is confirmed by such an important document as a work book. If the information specified in it is not entirely complete, then other supporting documents are used, such as:

• contracts;
• orders;
• certificates;
• salary slips.

To calculate, the following generally accepted rule is used: a period of 360 days is considered for one year, and a period of 30 days is considered for 1 month, regardless of calendar calculation.

The calculation procedure is quite simple. Based on documents containing relevant information, it is necessary to find out and write down the start/end dates of working periods. Then the duration of each of them must be determined with an accuracy of one day. After this, the resulting periods are summed up to the nearest year, month and day. This calculation has been used previously.

Special cases

When a person worked simultaneously for two employers or performed part-time or part-time duties, it is possible to choose the most profitable employment case for work experience.

Sometimes the work is seasonal. This also applies to navigation cases. Their duration reaches 4-6 months. If the employee was employed during the entire season or navigation period, the length of service includes the entire calendar year.

When working in a collective farm, to record the year of work, it is enough that at least 1 day of employment is recorded in the work book.

When summing up length of service, the same period cannot be taken into account. It is impossible to re-take into account the length of service spent abroad and the period used when assigning pension payments for length of service or disability.

When applying for a pension, the work record is of paramount importance. If a document is lost, they contact the archive, financial institutions, companies that have ever employed the person. Any certified certificate confirming a person’s work at the enterprise is suitable. If it is not possible to obtain the original documents confirming employment, the work experience is confirmed by witnesses.