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Hello, in this article we will try to answer the question “If the length of service is interrupted, how to calculate sick leave.” You can also consult with lawyers online for free directly on the website.
The benefit for one day when the employee was on sick leave, caring for a child or one of the family members due to their illness, is a different percentage, depending on the average daily wages:
- 60% , if the length of service is at least 6 months and no more than 5 years;
- 80% , with general employment - from 5 to 8 years;
- 100% , when the experience is 8 or more years.
Law of December 29, 2006 No. 255-FZ and clause 1 of the Procedure approved by order of the Ministry of Health and Social Development of Russia of June 29, 2011 No. 624n).
It is important that the sick leave form is filled out correctly initially. Firstly, it must be written out on a valid form - the form was approved by order of the Ministry of Health and Social Development of Russia dated April 26, 2011 No. 347n.
Experience for calculating sick leave in 2019
An open list of valid reasons is given in Order of the Ministry of Health and Social Development of Russia dated January 31, 2007 N 74.
In the division of the Federal Social Insurance Fund of the Russian Federation, temporary disability benefits are assigned and paid within 10 calendar days from the date of receipt of the relevant application by the territorial body and necessary documents(Part 2 of Article 15 of Law No. 255-FZ).
They come in. But the calculation there is not easy; all two must be taken into account for the income of the previous year. If you didn’t work, Minimum wage, maybe two years before.
If the employee does not have two years of work experience previous years, benefits are calculated based on the minimum wage.
During the period of incapacity for work, an officially employed citizen Russian Federation according to current legislation has the right to receive benefits. The amount depends on the duration length of service the employee, the reasons for the disability and whether it is a primary or part-time job.
If the amount posted is too large, the employer will independently identify the error. This will be followed by recalculation and recovery of the overpayment.
His insurance experience is 9 years 5 months. This is more than eight years, so benefits are calculated based on 100 percent of average earnings (Article 7 Federal Law dated December 29, 2006 No. 255-FZ).
Based on the above data, you can calculate Kiselev’s total length of service; to do this, you need to sum up all the years, months and days worked. 9 days worked are not taken into account, and 60 days are 2 months, as a result, adding 16 months with 2 formed 18 months, that is, a year and a half.
In the event that the employee’s work experience does not even reach 6 months or when calculating average earnings it is revealed that the amount of his income does not reach the mark minimum size wages, then the amount of sick pay is calculated based on the minimum wage at the time of the period of incapacity for work (namely, on the day of opening the certificate of incapacity for work).
Advice 1: What are the risks and effects of interrupting your work experience?
The amount of temporary disability benefits is affected not only by the employee’s salary, but also by his insurance record. In this material we will answer questions from our readers about what needs to be counted as experience in different situations and how to reflect the length of sick leave so that the Social Insurance Fund does not have any claims when reimbursing funds for the payment of benefits, and the employees are satisfied.
In the Labor Code of the Russian Federation there are such concepts as general and continuous work experience. Many Russians are inclined to believe that continuous experience is very important. Others do not attach any importance to it. But is this really so? What are the conditions for its preservation? How to make a calculation this indicator? What does continuity of experience affect?
The correct calculation of benefits when an employee is temporarily unable to perform his job duties is carried out according to the period of his work experience. compulsory insurance.
If an employee has less than six months of insurance coverage, then sick leave is calculated based on the minimum wage, the value of which in 2013 is 5,205 rubles. This calculation has its own nuances, which are discussed in detail in the article: How to calculate sick leave in 2013 according to the minimum wage?
Payment of sick leave in 2018: percentage of length of service
In some cases, temporary disability is due to the fact that the employee was caring for a sick child or a disabled member of his family.
After all, the insured employee loses the right to receive the full amount, despite the fact that the company paid insurance premiums for him.
Sick leave length of service is calculated in accordance with legal acts, under their strict regulation and control.
In addition, the Resolution established certain situations in the event of which the length of service was not considered interrupted or, on the contrary, was forcibly interrupted. For example, the length of service will be interrupted if the employee is fired for absenteeism, showing up at work while drunk, as a result of the loss of management’s trust in the employee servicing monetary or commodity values(clauses b, d, clause 7 of Rules No. 252).
Insurance experience is a certain time when a citizen who has an insurance policy made contributions to the Pension Fund of the Russian Federation, which subsequently affects his retirement pension.
In your situation, the employee was issued sick leave for two different insurance cases. Therefore, for the first sick leave you consider the employee’s length of service up to January 25, 2012 inclusive, and for the second sick leave - up to February 6, 2012 inclusive. That is, it is possible that according to the first sick leave benefit will be limited, for example, to 60% of earnings, and in the second - already 80% of earnings.
Calculation of continuous work experience (nuances)
The law also provides a list of situations when it is paid minimum allowance, calculated based on the minimum wage (Part 6, Article 7, Article 8 of Law No. 255-FZ).
Unfortunately, it is impossible to completely eliminate the possibility of a work-related injury, even if the work itself is not dangerous.
The employee was initially on sick leave from January 26 to February 6, 2012. This sick leave was closed. On February 7, 2012, he was given sick leave due to another illness. On what date should the length of service be considered to calculate temporary disability benefits for the second sick leave?
We convert months into years (if there are more than 11 of them), and days into months (if there are more than 30 of them). For example: amount insurance period it turned out to be 7 years 17 months 40 days. Converting months: 17 months are equal to 1 year and 5 months. Converting days: 40 days equals 1 month 10 days. Thus, the insurance period for sick leave equals 8 years 6 months and 10 days.
Due to this, the average daily income is obtained. Already with its help they multiply by days of illness. The final result will be the amount of hospital payments.
We calculate the insurance period for sick leave
From this point on, they receive full inpatient coverage. But this applies only to this type of medical intervention. Although the spread is reflected in all types of sick leave.
Its calculation and execution is a rather complex and painstaking task for both an accountant and a human resources employee. There have been so many changes in recent years that it was quite possible to get confused and make a lot of mistakes when registering and calculating sick leave.
In Soviet times, the leading role was played by continuous experience, but over the years, namely: since 2007, it is not taken into account when determining the amount of benefits in connection with temporary disability. Today, all accruals for sick leave are calculated only taking into account the total length of insurance coverage, which does not depend on the break in labor activity.
Imagine if you incorrectly calculated the employee’s length of service, and it turned out to be just under 8 years. But in fact, his insurance experience is 8 years or more. The situation is unpleasant.
The importance of continuous work experience in a person’s life
In March 2006, the Constitutional Court of the Russian Federation abolished the procedure for determining the amount of temporary disability benefits depending on the continuity of work experience (Definition Constitutional Court RF dated March 2, 2006 N 16-O). And it happened like this. The citizen filed a complaint. In his opinion, the procedure for calculating sick leave benefits that existed at that time violated his rights and legitimate interests.
So, the legislator requires that average earnings was adjusted taking into account the length of service, and the basis for issuing sick leave must also be taken into account. For example, for your own illness, sick pay is paid 100 percent for 8 years or more. Only 80% of average earnings are due when calculating sick leave for an employee with 5-8 years of experience.
If the employee (insured person) does not have a certificate (certificates) of the amount of earnings on the day of applying for benefits, the corresponding benefit is assigned at the minimum wage.
The value we are studying is determined using work book entries, employment contracts, copies of orders and extracts from them. Maternity leave and leave after childbirth for up to three years are also included in the length of service.
For what length of service is sick leave paid 100%?
From January 1, 2007, the amount due to an employee during illness must be calculated depending on the length of his insurance period in the compulsory social insurance system. This is stated in Art. 16 of the Law of December 29, 2006 N 255-FZ “On providing benefits for temporary disability, pregnancy and childbirth to citizens subject to compulsory social insurance.”
In 2019, the insurance period for sick leave will be calculated according to the same rules as in the current year.
This is exactly the amount the employee will receive after submitting all documents confirming his work experience and contributions to the Social Insurance Fund, as well as sick leave.
In certificates of incapacity for work issued before July 22, 2011, it was allowed to indicate the length of service for calculating temporary disability benefits for “more than 8 years,” and maternity benefits for “more than 6 months.”
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.
Temporary disability benefits are assigned and paid if the application is made no later than six months from the date of restoration of working capacity, quarantine, prosthetics and follow-up treatment (Part 1 of Article 12 of Law No. 255-FZ).
Errors in sick leave must be corrected. The point is that in this case it will not converge reporting documentation and personal income tax contributions to tax service. And the FSS is unlikely to not notice the accountant’s mistake.
First of all, the personnel officer needs to determine what should be included in the insurance experience. According to Order of the Ministry of Health and Social Development of the Russian Federation No. 91, it includes all periods of activity for which insurance premiums are calculated and paid.
That is, periods of main work and external part-time work coinciding in time are counted towards the length of service once. In your case, the period of work in your organization before the start of maternity leave, coinciding with the same period at the main place of work, must be counted into the length of service once.
Thirdly, the Social Insurance Fund was created on January 1, 1991 (Resolution of the Council of Ministers of the RSFSR and the Federation of Independent Trade Unions of December 25, 1990 N 600/9-3). What about previous years? Do they need to be taken into account in the calculations?
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The amount of temporary disability benefits is affected not only by the employee’s salary, but also by his insurance record. In this material, we will answer questions from our readers about what needs to be counted as length of service in various situations and how to reflect length of service on sick leave, so that the Social Insurance Fund does not have any claims when reimbursing funds for the payment of benefits, and the employees are satisfied.
Maternity leave and child care leave are included in the length of service
O.I. Galankova, Tver
The employee went on maternity leave for the second time in January 2012, without leaving maternity leave. Her length of service from the start of her working career until she went on her first maternity leave was only 5 months. And we calculated her allowance based on the minimum wage. Is it necessary to include the period of the first into the length of service for calculating maternity benefits for the second time? maternity leave and maternity leave, since we didn’t pay contributions to the Social Insurance Fund for it at that time?
: Yes need. After all, the length of service for calculating benefits for those who work under an employment contract is calculated based on the total duration of work under such an agreement, and not on the periods of payment of contributions to the Social Insurance Fund by the employer. (hereinafter referred to as Law No. 255-FZ).
During the period of maternity and child care leave, the employee retains her place of work (position) Articles 255, 256 of the Labor Code of the Russian Federation. This means that this time is included in the period of work under the employment contract Letter of the FSS dated 08/09/2007 No. 02-13/07-7424.
The length of service is calculated on the date preceding the day of onset of incapacity for work.
E.A. Borisova, Kaluga
The employee was initially on sick leave from January 26 to February 6, 2012. This sick leave was closed. On February 7, 2012, he was given sick leave due to another illness. On what date should the length of service be considered to calculate temporary disability benefits for the second sick leave?
: The period of temporary disability is included in the length of service for calculating benefits. After all, the employee retains his place of work (position) for this time, which means that this period is included in the period of work under the employment contract Part 1 Art. 16 of Law No. 255-FZ of December 29, 2006 (hereinafter referred to as Law No. 255-FZ). The length of service for calculating benefits must be determined on the date of occurrence insured event(temporary disability or maternity leave) clause 7 of the Rules, approved. By Order of the Ministry of Health and Social Development dated 02/06/2007 No. 91 (hereinafter referred to as the Rules). This means that it must be calculated on the date preceding the first day of temporary disability or maternity leave.
In your situation, the employee was issued sick leave for two different insurance cases. Therefore, for the first sick leave you consider the employee’s length of service up to January 25, 2012 inclusive, and for the second sick leave - up to February 6, 2012 inclusive. That is, it is possible that for the first sick leave benefit will be limited, for example, to 60% of earnings, and for the second - already 80% of earnings.
External part-time workers count their main work time as their length of service
I.N. Nagaeva, Orenburg
The employee has been working in our organization as an external part-time worker since October 3, 2011, and on February 6, 2012 she went on maternity leave. Can we calculate her length of service for calculating maternity benefits only for the time she worked in our organization or should we also include length of service at her main place of work?
Attention
An employment contract, certificates from employers, extracts from orders, personal accounts and salary slips confirm the length of service for benefits in the absence of a work book, as well as in the presence of incorrect or inaccurate information in it. clause 8 of the Rules.
: The length of service for calculating benefits is determined for the entire duration of the employee’s work activity based on entries in the work book. Part 1 Art. 16 of Law No. 255-FZ; clause 8 of the Rules. Therefore, you need to count into the employee’s length of service the time she worked according to her work record book before joining your organization. To do this, ask her to provide you with a copy of her work record, certified by the employer at her main place of work.
FROM AUTHENTIC SOURCES
Head of the Department of Legal Support of Insurance in Case of Temporary Disability and in Connection with Maternity Legal Department FSS RF
“ If the insured person works for an external part-time job for less than 6 months and does not provide a copy of the work record book to confirm the insurance period, then the benefit for temporary disability, maternity and childbirth must be calculated based on the minimum wage.
Thus, the part-time worker himself is interested in the external part-time employer having information about his insurance experience.”
Continuous work experience during existence Soviet Union had an important legal meaning and influenced the calculation of pensions and social benefits. Due to the adoption of a number of amendments, the status of this legal concept has changed significantly in labor legislation.
You will learn in detail from this material what the continuity of work experience affects today, how it differs from the general one and at what duration it is not taken into account for the break of the work period.
What is continuous work experience?
By means periods after dismissal that do not exceed the time intervals provided by law for individual cases of termination of contracts with employers.
After acceptance Federal Law No. 225 of December 29, 2006 “On compulsory social insurance” in case of temporary disability due to maternity, when making payments, only those periods during which contributions were made to the Social Insurance Fund of the Russian Federation are taken into account.
Previously accepted standards on continuity of length of service were in conflict with Article 36 of the Constitution of the Russian Federation on freedom of labor, and therefore were cancelled.
They mean the inclusion of the specified periods in the insurance period. It is not only the fact that contributions are paid in off-budget funds, but also their size.
When is service considered interrupted?
The work experience is interrupted in the absence of a concluded contract with the new employer within the time frame stipulated by law, calculated in connection with the specifics of employment.
Currently, the state does not strictly monitor compliance with employment deadlines after dismissal. This factor also does not affect the size pension provision.
On average, a period of up to 1 month is counted towards continuous experience when changing jobs. However, proof of continuity may be required when applying for a certain position: obtaining accreditation as a lawyer, judge status, or other advantages.
Mainly, continuity affects the possibility of obtaining a decent job under a new contract.
When is employment interrupted after dismissal?
Continuous service lasts for 1 month after dismissal from the previous job. This rule applies to the termination of employment relationships with employees employed in manufacturing enterprises, in commercial and government, municipal institutions, organizations of any form of ownership.
The exception applies to the following categories of employees (for them, a period of 2 months is included in the continuous work experience after signing the order to terminate the contract):
- upon termination of activities at enterprises located in the Far North or equivalent areas, upon termination of the contract due to the expiration of the term;
- in case of official employment abroad upon termination of the contract with the employer;
- when working in states with which Russia has concluded social security agreements.
Three months are counted as length of service after dismissal:
- in case of staff reduction due to liquidation or reorganization of the company in any form: merger, spin-off, merger, etc., declaring an organization of any form of ownership insolvent (bankrupt);
- if it is impossible to hold a position as at the last place of work due to deteriorating health, the onset of partial incapacity, confirmed by a medical certificate;
- when transferring the other spouse to another location to perform work functions.
The length of service is qualified as continuous when a citizen receiving pension benefits returns to official work under an employment contract.
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.
What needs to be done to ensure that your work experience is not interrupted?
To ensure that your work experience is not interrupted, it is necessary to track the period of time after which a break in activity is considered. In this regard, rules can be used Resolution of the Council of Ministers of the USSR dated April 13, 1973 N 252 , previously abolished, but applied in practice by analogy.
If continuity is monitored in connection with employment for a certain position, obtaining the status of a judge, lawyer, or other professional activity, then you should be guided by the provisions of industry regulations.
Continuity of service does not affect the amount of pension benefits or its establishment, but may affect the accrual of additional vacation days, bonuses or other benefits for employees established Labor Code Russian Federation and local acts at the enterprise.
What impact can continuous work experience have today?
According to modern legislation, continuity of service will affect the following factors:
- size social benefits for incapacity for work - depends on the time worked, for a period of up to 5 years it is paid in percentage 60% of income, from 5 to 8 years – 80%, from 8 years – 100%;
- the possibility of employment for a position, since employers take into account when hiring the possibility of loss of professional skills due to the long gap between dismissal and placement in a new position.
The continuity of length of service is not affected; this situation remains in effect for 2020 and subsequent periods until the possible adoption of relevant changes to labor legislation.
When you should go to work at a new enterprise, how many days are counted in the length of service if a break is allowed is established in the internal regulations of the enterprise.
What periods are not included in the insurance period, but do not interrupt the total length of service?
They are not included in the total length of service, but do not interrupt its periods:
Education
Enrollment in clinical residency or graduate school, if the period of dismissal and enrollment in the relevant organizations, including preparatory periods, did not exceed 3 months.
For those who were early expelled from institutions or took a course in the period before July 1, 1973, when entering work on October 1 of the same year, the break period is counted towards the length of service, regardless of the date of expulsion and the conclusion of an agreement with the employer.
Work abroad
When implementing job responsibilities abroad in branches of Russian enterprises or while employed in international organizations or while serving, if the period between returning to the homeland and concluding a contract did not exceed 2 months.
Off-season period
During the off-season period, employed in certain types of work, upon completion of activities according to the profile in past period completely upon return to work at the agreed time employment contract term.Rules for calculating the continuous work experience of workers and employees when assigning benefits for state social insurance,” approved. Resolution of the Council of Ministers of the USSR dated April 13, 1973 N 252 .
Russian labor legislation protects the interests of the employee from all sides. There are very few examples where a citizen did not receive the corresponding rights under the law. But sometimes irregularities occur during payment calculations.
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Therefore, it is worth understanding how sick leave is paid based on length of service in 2020. This point is important for every officially registered person.
What it is
Official employment imposes on a person not only a number of restrictions and obligations. There is a very specific set of rights that can be used in different situations.
Sick leave is a vacation option. But the reason for this is the presence of evidence of one’s own health or that of a relative.
Photo: what length of service is taken into account when calculating sick leave
In this case, the number of paid days is limited. And you need to know how billing works.
Main concepts
Viewing legislation from this perspective requires an understanding of definitions. There are few of them in the region, and it is worth familiarizing yourself with the following set:
| Term | Designation |
| Sick leave | A document that establishes the official release of an employee from work duties for a certain period of time. The basis is a doctor’s opinion regarding the health of a person or his relative who requires care (for example, a child) |
| Work experience | In Russia, since 2015, there is no concept of seniority. Now the number of insured years of work is taken into account. This is the period during which the citizen made contributions to the Social Insurance Fund. The more years of such experience, the higher the payments social spheres coatings |
| Minimum wage | Minimum wage indicator. It may differ depending on the region of residence and is set for a certain period of time. This is the minimum amount of funds that is paid when full employment at the place of work |
In what cases is it issued?
Sick leave cannot be obtained without reason. The legislation establishes several factors that can be regarded as grounds:
| Temporary disability | Causes include pregnancy, illness, injury, abortion operations, in vitro fertilization |
| Need to care for a family member | Then his sick leave is used |
| Quarantine in the region | Options for quarantine in preschool educational institutions are also taken into account. Then the parent is at home with a child under 7 years of age, or a disabled relative |
| Prosthetics | In this case, only the option of inpatient treatment and the presence of medical indications for the procedure are suitable |
| Aftercare | These are all options for post-inpatient procedures. Trips to sanatoriums and resorts are used, but only within the territory of Russia |
Who pays for it
Payment of sick leave falls under the responsibility of the Social Insurance Fund. But there are a few exceptions and algorithms to consider.
Thus, the employer can only pay from the first to the third day of sick leave. This maximum period, subject to liability. And then, such a procedure is carried out under several conditions.
An employee must go on sick leave for several reasons:
- injury or illness;
- the procedure of abortion or, conversely, artificial insemination.
Next, payment is made by the Social Insurance Fund for all days of absence from work. In situations of quarantine, sanatorium treatment and child care, all expenses from the first day fall on the state budget.
In the case where the employee is a member of the Voluntary Fund health insurance, he can receive funds from the Social Insurance Fund from the first day of sick leave. This offer is valid only within the framework of FDM.
Legislative regulation of the issue
There is a certain set of legislative documents that are worth studying:
| Order of the Ministry of Health and Social Development No. 347n “On approval of the form of a certificate of incapacity for work” | Here is the main official document and how to fill it out |
| Labor Code of the Russian Federation | The Labor Code of the Russian Federation establishes guarantees for an employee upon receipt of a temporary disability in Article 183. Maternity leave is prescribed in the provisions of Article 255 |
| Federal Law No. 255-FZ “On Mandatory social insurance in case of temporary disability and in connection with maternity” | Chapter two is entirely devoted to payment for temporary disability. And all cases are considered there - in article 5. And articles 6 and 7 talk about the conditions for registration and the amount of payments |
How is sick leave paid depending on length of service?
Sick leave pay is tied to various factors. The main ones are:
- duration of vacation;
- employee's insurance period;
- average daily salary;
- cause and treatment option.
In terms of insurance experience, a citizen needs to understand how it functions. The accrual of years of such work does not depend on the period of employment. Insurance deductions play a role here.
They are carried out by the employee's insurance agent - the employer. Therefore, depending on his payments, the years of insurance experience are calculated.
How much interest is charged?
Calculations are based on percentages. Experience as a whole is divided into several groups. And each of them has its own percentage of the payment amount.
They, in turn, are tied to the amount of wages a person receives.
They take a period of two last year- 730 days. In fact, a citizen receives a certain part of the standard wage during sick leave.
The main ones in this regard will be the following ratios of years of work and the percentage component:
If there is no work output
If a citizen is not officially employed, he does not make the necessary payments. Government bodies accept reports only from agents - employers.
It is impossible to independently transfer funds from insurance and to the pension fund. In this regard, informal employment does not guarantee the possibility of compensation for sick leave.
This procedure is entirely based on financial security the employee himself. If the employer pays voluntarily, he will receive the funds. But you cannot demand any funds from the state.
If less than 6 months
In cases where the insurance period is only 6 months or less, calculations are based on minimum wage indicators. This amount differs in each region of residence. Therefore, calculations are made individually.
The following formula is used here:
Minimum wage/Dk
Due to this, the average daily income is obtained. Already with its help they multiply by days of illness. The final result will be the amount of hospital payments.
If it was interrupted
Russian legislation clearly defines the options for making charges. And there are no provisions in the law regarding gaps in seniority. To calculate the cost of sick leave, the total insurance period is taken.
The total number of years does not change due to interruption of service. Therefore, the calculation is based on this indicator of years of work. Based on it, sick leave is calculated.
And the application concerns the main types - based on the minimum wage, 60, 80 or 100 percent of the amount of earnings.
To determine the length of service in the presence of gaps, you should compare the indicators in the labor record. They count all the years, months and days of labor. One month according to this scheme is equal to 30 days.
For what duration of sick leave is 100 percent paid?
Only separate categories workers. According to current standards, these include those who have insurance experience of more than 8 years.
From this point on, they receive full inpatient coverage. But this applies only to this type of medical intervention. Although the spread is reflected in all types of sick leave.
There is also some peculiarity. For long-term outpatient treatment, you cannot count on full sick leave coverage.
Starting from the 11th day of such sick leave, payments are reduced to 50%. And here, length of service does not play a role, and also has every reason to be reduced.
What to do if benefits are accrued incorrectly
Errors in sick leave must be corrected. The fact is that in this case, the reporting documentation and personal income tax contributions to the tax service will not match. And the FSS is unlikely to not notice the accountant’s mistake.
If funds are accrued incorrectly, there are several solutions. In a situation of lack allotted money, you should submit an application to the accounting department. There they will recalculate and add the required amount.
If the amount posted is too large, the employer will independently identify the error. This will be followed by recalculation and recovery of the overpayment.
However, other sanctions are also possible. But only if it is revealed that false and irrelevant information has been provided.
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 due to at will and for no apparent reason. For those who were fired by their employer, this time increased to 1 month.
In this regard, transfers from one institution to another were previously organized. For example, this concerned, for which the concept of teaching experience is also of particular importance.
How is it now?
From January 1, 2007, in accordance with paragraph 1 of Art. 16 of Law N 255-FZ, the amount of benefits for sick leave or child care under 3 years of age depends not on the total continuous work experience, but on the insurance period. That is, when determining the amount of payments, all the years when a person worked and was subject to compulsory insurance are summed up. The insured person is considered to be a person who is covered by state pension insurance, that is, everyone who has a certificate of state pension insurance. Thus, a person who had previously worked for 17 years quit, got a job six months later, then went on sick leave, and was paid at the rate of 60%, since continuous service began to be counted anew. According to the latest law, sick leave will be paid 100%. And rightly so.
Your work experience will not be interrupted if you join the labor exchange no later than two months after your dismissal.
Thus, now the length of service is not calculated continuously, as was previously the case, but cumulatively, regardless of the duration of the break.
However, the length of service remains relevant for receiving a pension in the future. According to the Labor legislation of the Russian Federation, to calculate a pension, it is enough to have 5 years of work experience, regardless of whether it was interrupted or not. When calculating a pension, continuous work experience does not play a role. The total length of service when deductions were made is taken into account. Pension Fund RF.