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.
What is work and insurance experience?
Until a certain point in time, in the concept of every person, the word “experience” had an unshakable meaning. When pronouncing it, everyone understood what was meant and no additions or clarifications were required. Today, this word alone is not enough; it is used in conjunction with additions to immediately clarify what exactly is being said. So, modern people often hear that there is work and insurance experience. What is the difference between these two similar concepts?
On December 17, 2002, Federal Law No. 173-FZ “On Labor Pensions in the Russian Federation” was adopted. On December 28, 2013, it was replaced by another Federal Law No. 400-FZ “On Insurance Pensions,” which is still in force today. This law introduced a new concept of insurance pensions. According to him, the concept of “work experience” as the only possible calculation allowing the calculation of pension payments was replaced by the concept of “insurance period”.
All those years when a person was officially employed and performed his job functions are considered to be working years. Such years are usually calculated from entries in the work book. The main indicator of this concept is that it is taken into account in full, without any exceptions, the periods are considered from the moment of admission to the moment of dismissal.
And the insurance period is taken into account according to other criteria. These are periods when contributions to the social fund were made for the employee.
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 military service .
Articles on the topic (click to view)
- Is sick leave considered income?
- What to do if you have extended sick leave for pregnancy and childbirth
- What to do if your employer does not accept electronic sick leave
- What to do if you are not given sick leave
- How many days does it take for sick leave to arrive from the Social Insurance Fund?
- What to do if the place of work is not indicated on the sick leave
- Are sick leave taken into account when calculating maternity leave?
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.
This is important to know: Minimum sick leave pay for pregnancy and childbirth
For your information! 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.
Attention! 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.
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
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.
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.
How to determine what percentage of sick leave will be paid?
The percentage of sick leave depends on the cause of disability and the accumulated insurance experience (Article 7 of Law No. 255-FZ of December 29, 2006). Let's talk about what percentage of sick leave should be paid to employees in a given case.
- 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.
- If the insurance period is less than 5 years, sick leave is calculated based on 60% of average earnings.
Detailed information on sick leave payment in 2020 (percentage of length of service) is presented in the table below.
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.
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.
This is important to know: Sick leave for a domestic injury: how it is paid in 2020
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.
Calculation of sick leave when caring for a family member
Clause 5 of Art. 13 of Federal Law No. 255 of December 29, 2006 (as amended on March 7, 2018) establishes the procedure for paying benefits for the period of caring for a sick child or other family member or relative.
Emelyanenko Natalya Leonidovna
Worked as a legal assistant in a law firm for 6 years
Ask a Question
To receive benefits, it is enough to provide a completed certificate of incapacity for work, where in a special column it will be indicated who the employee is related to the patient. The employee is not required to submit any documents confirming the degree of relationship with the patient.
The amount and procedure for sick leave payments depend on the type of care, the child’s age, and diagnosis.
