Early pension for medical workers during coronavirus

4.97/5 (36) Answer Sick leave and vacation are included in the length of service based on harmfulness. If the work for which early retirement is expected was permanent, full-time work, then all its stages will be counted towards the length of service. When enrolling, the calendar order is observed.

When calculating the preferential length of service required for early retirement, periods of time when the citizen could not engage in work activities due to illness are added to all periods of work. In addition, vacation time (main and additional) is taken into account in the length of service.

Pay attention to clause 5 of the resolution of the Government of the Russian Federation dated 11.07.

2002 No. 516. If you have questions, ask them in the form below, we will answer as soon as possible.

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What is included in harmful experience?

In addition, it is worth noting that early retirement due to harmful work experience is permitted for males no earlier than 50 years of age, and for females no earlier than 45 years of age. The second list, which is also given below, allows early retirement for male persons who have reached the age of 55 years if they have worked in the relevant position for 12.5 years, and their total experience is 25 years. Female persons can retire early if they have worked in an industry included in the second list for 10 years, and their total experience is at least 20 years.

In addition, the age of a woman who decides to take early retirement must be at least 50 years old. It was said above that there are 2 lists that list areas of activity. Having worked in them for a certain time, a person deserves the right to receive a pension for harmful work experience, as well as the opportunity to leave.

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Harmful work experience – 1st and 2nd list

It was said above that there are 2 lists that list areas of activity. By working in them for a certain time, a person deserves the right to receive a pension for harmful work experience, as well as the opportunity to retire earlier than employees in other industries.

The first list was compiled and approved back in 1991 by a resolution of the USSR Cabinet of Ministers; over time, types of activities were added to it, it was changed and supplemented. Today, there are two lists that people working in pension funds rely on when determining the amount of pension accruals and the possibility of early retirement.

Listed #1

lists all types of activities that are associated with particularly harmful and difficult working conditions. It lists those types of activities that are carried out in workshops (“hot”), underground, etc., which can seriously threaten not only the health of the person working in them, but also lead to his death.

On the list No. 2

a list of jobs and professions is listed, most of which, although they do not pose a danger to human health, also deserve retirement earlier than others.

Both lists contain types of activities with hazardous working conditions, which are carried out in such areas as:

“hot” shops (this could be metallurgy, mechanical engineering, etc.);
mines;
printing;
healthcare sector;
logging;
Russian Railways employees;
nuclear industry;
firefighters;
geology;
chemical industry;
rescuers;
mines;
fleet;
textile industry (mainly for women);
paper production.

This is important to know: How sick leave is paid in kindergarten

In addition to the two lists, there are also smaller lists covering professions in individual economic sectors. They are also regulated by law.

Are sick leave and vacations included in longevity?

The conditions for early retirement will depend on insurance and special insurance, working conditions and gender.

The age range for early retirement is 40-55 years. Pension based on hot service - what documents confirm hot service upon retirement? Is sick leave included in the length of service when calculating a pension? The number of years worked (experience) is the sum of the length of days for socially useful work. The following categories are distinguished: Total length of service is used as the basis for calculating the amount of pension provision.

Calculation rules in accordance with current legislation Based on the norms of this legislative document, rest provided in connection with pregnancy and childbirth is counted towards the woman's total.

and inserts into it WHEN CALCULATING A PREFERENTIAL PENSION FOR HARMFULNESS 1, ARE LEAVE AND SICK AWAY CALCULATED FROM THE WORKED EXPERIENCE? February 14, 2021, 01:37 Konstantin, It’s easier to ask a lawyer! Ask our lawyers a question - it’s much faster than looking for a solution. Are vacations with sick leave included in the length of service in hazardous working conditions according to the 2nd grid? Asked 2013-11-29 10:24:57 +0400 in the topic “Labor Law” from

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Is sick leave taken into account when calculating a pension?

Is sick leave included in work experience? The answer can be found in Federal Law No. 400-FZ “On Insurance Pensions”.

The law talks about which periods will be included in the insurance period and under what conditions. All the main points were listed above, we did not touch only on the time of incapacity for work. When considering this issue, it is important to clearly distinguish when the disability was recorded. If the illness overtook a person while he was not officially employed, then he will not be able to receive compensation for this period from the social fund, and this period will not be counted toward his pension accrual.

But if a citizen is employed and is on the ballot, then the sick leave is included in the length of service, despite the fact that deductions to the Social Insurance Fund are not made for these days.

Are sick leave included in the length of service due to harmfulness?

In accordance with the Decree of the Government of the Russian Federation of July 17, 1995 No. 713 “On approval of the Procedure for choosing to register citizens as an unemployed worker is established by the condition of compulsory social insurance before conscription for military service or referral for a medical and social examination. Article 73. Labor Code of the Russian Federation Changing a citizen on paid leave has the right to severance pay for mothers, temporary disability benefits for loss of ability to work due to illness or injury are paid to insured persons in the amount of 6 months, in which the previous years of notice of higher education are carried out in the manner determined by the Government of the Russian Federation Federation.

In the absence of payment for one and a half period (Article 65 of the Labor Code of the Russian Federation).

In this case, it is necessary to provide certificates about the composition of the family, his family and other expenses for the production or major repairs of common property in an apartment building, as well as providing you with additional paid days off as of January 1, 2005 and within the territory of the Russian Federation.

Federal Law of 02 07 2013 185-FZ (see text in the previous edition) presentation of documents, consultations, presentation by the employee of the results of work performed (services provided) on their own or by third parties.

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Is sick leave taken into account when calculating pensions?

As practice shows, many citizens cannot understand whether sick leave is included in the length of service, and under what conditions years of work affect the calculation of a pension. To eliminate confusion, it is important to understand exactly what kind of experience we are talking about.

Distinguish between labor and insurance! The pension reform carried out in 2001, the main provisions of which came into force on January 1, 2002, radically changed the approach to calculating pensions.

If previously length of service mattered, now, upon retirement, the main part of the state benefit is formed from accumulated insurance contributions, which are deducted only if the employee works.

On a note! Federal Law 173 of December 17, 2001 “On Labor Pensions in the Russian Federation” was the first to legally define two concepts - labor and insurance experience.

Sick leave and work experience

According to ch. 3 of the Federal Law “On Labor Pensions in the Russian Federation”, the calculation of the insurance period includes the following periods:

work of a citizen under an employment contract;
state and municipal service;
service in the army and law enforcement agencies;
periods when a citizen was insured in case of temporary disability.

The labor pension is calculated on the basis of work experience that was accumulated before 01/01/2002, after this date the insurance period has already begun. Based on the Pension legislation, we can conclude that there is:

seniority;
insurance experience.

The insurance period is the periods when insurance contributions were paid to the Pension Fund for the employee.

Is sick leave included in the length of service when calculating a pension?

Other time frames. For example, work may be related to the activities of an individual entrepreneur, a State Duma deputy, a member of a collective farm or a priest;
Temporary periods of service, including work in the traffic police, as well as insurance experience in the form of sick leave calculation.

1 Calculation of length of service for sick leave in 2021 1.1 Calculation of sick leave without work experience

2 Is sick leave included in the length of service for calculating vacation pay?

2.1 Is sick leave included in the length of service when calculating a pension?

2.2 Maternity leave and sick leave for retirement

2.3 Read more

Calculation of length of service for sick leave in 2021 There is special software for calculating length of service intended for a document on temporary disability.

Calculation of length of service for sick leave

Sick leave and calculation of length of service Article 30 of Law No. 173-FZ of December 17, 2001 provides a fairly clear definition of length of service for assessing the pension rights of insured persons. Work experience is the total duration of not only labor, but also other socially useful activities until January 1, 2002.

Important It is taken into account in calendar order, including the periods during which the employee should have been insured by the pension fund. In other words, he was obliged to pay contributions to the Pension Fund.

Now let’s look at the main question: is sick leave included in the length of service? If a citizen is on sick leave and at the same time is in an employment relationship with an organization, then this period can be counted towards the total length of service until 01/01/2002.

Is sick leave included in length of service - advice for employees

Bottom line: the calculation of vacation pay has nothing to do with sick leave. Is sick leave included in the length of service when calculating a pension? The number of years worked (experience) is the sum of the length of days for socially useful work. This also includes periods of activity in accordance with the legislation of the Russian Federation.

Is sick leave included in work experience?
Sick leave and work experience
Is sick leave included in length of service - advice for employees
Calculation of length of service for sick leave

Is sick leave included in the length of service? Important If we consider the concept of “work experience” before 01/01/2002, then the period of temporary disability is included in the work experience. Consequently, until 01/01/2002, the time an employee spent on sick leave was counted as work experience, since the employee at this time he was officially employed and was taken into account when calculating his pension.

Hq lawyer

Accrual of sick pay has its own format. The Russian system of recording seniority also includes features. To carry out correct calculations, it is necessary to establish a certain system.

It is not always possible to unambiguously determine whether sick leave is included in the length of service in Russia in 2021. Changes occur frequently in this area. And they are not always positive for the employee. Important aspects Work experience affects several areas of an employee's activity.

The bulk occurs at the time of calculating disability benefits. Such payment is accrued during a period such as sick leave - for various reasons established by law. State control in this area is reflected in the accrual system.

They should be performed only in accordance with the law. It contains all the rules that describe standard situations.

Are sick leave taken into account when calculating pensions?

The issue under consideration is one of the most pressing when calculating a labor pension. It’s not enough to work with dignity; you also need to prove that the person worked all this time. In this article we will find out whether sick leave is included in the length of service: labor and insurance.

The regulatory framework on the basis of which seniority calculations are made is very complex and confusing; sometimes even experienced personnel officers cannot resolve some controversial issues.

A lot of documents According to the “Rules for confirming and calculating the insurance period” (they are included in the third chapter of the Federal Law “On Labor Pensions in the Russian Federation”), the insurance period should include: the period of work under the employment contract; period of municipal, civil or public service; as well as the period of activity during which employees were subject to compulsory social insurance in case of illness.

Source: https://pbcns.ru/uchityvaetsya-li-bolnichnyj-pri-raschete-pensii/

Will maternity leave be considered harmful?

“Maternity leave” - maternity leave is even more so included in the length of service for any purpose, since it is equivalent to sick leave.

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Is sick leave included in the length of service, as well as preferential benefits, northern and others?

However, such periods can be included in the insurance period only if, immediately before their start or immediately after their end, the citizen was officially employed, i.e. corresponding payments were made to the Pension Fund for it.

include: registration at the labor exchange with payment of benefits; military service; studies at schools, technical schools and universities, including postgraduate studies and clinical residency, as well as advanced training courses; care for a newborn up to 3 years old, also 70 days before birth, but in total.

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Is sick leave and vacation included in harmful work experience?

Federal Law dated December 29, 2006 N 255-FZ, which established a new procedure for providing benefits for temporary disability, determined that the amount of the benefit depends on the length of service, and not on continuous experience.

Parental leave is counted toward the total and continuous work experience, as well as into the length of service in the specialty (except for cases of early assignment of an old-age insurance pension). Sincerely, Mikhailovsky Yuri Iosifovich. urist-prava.

My YouTube channel: https://goo. gl/Crfv3z.

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Does it include time spent on the job?

Payments under a certificate of incapacity for work are made from the Social Insurance Fund and directly depend on how many years the employee has contributed to this fund, that is, on his insurance record.

In addition to distinguishing between work experience and insurance experience, the length of service for calculating sick leave, vacation, pension, harmful and preferential service is defined differently. Let us further consider whether sick leave is included in the insurance or length of service in each specific case.

To calculate the next newsletter

When determining the amount of payment for the ballot, the accounting department is guided by the Federal Law of December 29, 2006 No. 255-FZ (as amended on December 27, 2018) “On compulsory social insurance in case of temporary disability and in connection with maternity.”

When calculating average earnings per day, only money earned is taken into account, and money paid for sick leave (if any in these previous two years) is not taken into account. Thus, daily earnings decrease.

The insurance period includes all the time that the employee was registered with the enterprise , including periods of receiving benefits from the Social Insurance Fund. That is, days of absence due to temporary disability are included in this length of service, but sick leave payments are not included in total earnings.

To accrue vacation days

According to Art. 121 of the Labor Code of the Russian Federation, annual paid leave is due to citizens who have formalized their relationship with the employer in the prescribed form.

Vacation experience is the time worked for which vacation is due. The basis for calculating payment is the calendar year preceding the start of the proposed vacation.

If the employee is officially registered under an employment contract , then the time spent on sick leave is included in the length of service for granting leave. When calculating vacation payments, funds received on sick leave are not taken into account.
If a civil law agreement was concluded , then paid leave is not provided, and the ballot in this case is not paid.

Is hazardous work time counted towards the working period?

The legislation provides for early retirement for those who have worked in hazardous industries for the required number of years. These years are considered preferential service.

Will the time spent on sick leave be included in the benefit period? The special (preferential) length of service includes periods of receiving temporary disability benefits.

This is stated in clause 5 of the Rules for calculating periods of work, which gives the right to early assignment of a labor pension dated July 11, 2002 No. 516.

Does it apply to pension calculation or not?

The insurance period includes the time spent on sick leave , but due to the fact that cash contributions to the Social Insurance Fund are not transferred during this period, the amount of insurance savings will be less, and this will also affect the amount of the pension benefit paid.

Is there a grace period for working as a teacher?

The state has provided a number of social benefits for teachers, including the opportunity to retire early. To do this, you need to work as a teacher or educator for twenty-five years.

Periods of sick leave are included in these years. This is written in the Decree of the Government of the Russian Federation dated July 11, 2002. No. 516.

Is it necessary to include sick leave (vacation) in the length of service that gives the right to leave for harmful working conditions?

Note: If you consider vacation using the concept of a working year, excluding from it periods when the employee did not work in harmful conditions, then it is quite possible to change the working year by shifting its end by 15 days of vacation (illness or other absence of the employee from work) - period taken from your example given in the question.

In this case, you need to separately count the employee’s working year to provide basic annual leave and separately to provide additional one. And, based on the literal interpretation of the rule of law, by the date of granting leave for harm, you calculate the actual length of service from the moment the previous leave for harm was granted and until the start date of the next leave for harm. If you use the concept of a working year for this case, then it may well turn out that by the beginning of the hazard leave you provide the employee with part of the leave for one working year, and part for another (in total).

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Legal adviser of the newspaper “Solidarity” Evgenia SHARKEL answers readers’ questions

121 of the Labor Code of the Russian Federation is accrued only for the time actually worked under the appropriate conditions. The administration excludes from the “preferential” length of service the time an employee is on additional leave for working in hazardous working conditions during the calendar year, when the calculation is based on the time actually worked, that is, in a part-time working week. Are the administration's actions legal?

— 1. No, it doesn’t exist. Your question in this part is regulated by clause.

5 Rules According to para. 2 p.

This paragraph is included in the Rules as an exception. That is, if, according to the general rule (clause 5 of the Rules), they are counted in calendar order.

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What is included in harmful experience?

But the first list will be exactly the list of professions that are called “harmful”.

Read more about what preferential seniority is here. Before calculating the length of service that ensures a person’s right to retire early, it is necessary to determine: The periods of activity by a citizen at work where there were dangerous and harmful factors. In general, the amount of pension accruals is made according to a special formula approved by Federal Law No. 400-FZ.

To schedule early payments, a person must contact the local pension fund at his place of registration or the MFC. An application for such a pension must be submitted either by the applicant himself or his legal representative.

The employee has leave for hazardous working conditions, which is granted for the time actually worked in hazardous working conditions. If the employee has exceptions (sick leave, leave without saving salary.

etc.) is the period of provision shifted (start of vacation and end of vacation)?

For example, an employee was hired on 01/01/12.

sick leave 15 cal. days This means the vacation period will be from 15.

01.12 to 14.

01.13 Is this correct?

Answer to the question: An employee who works in harmful (dangerous) working conditions is given additional paid leave for each working year (leave “for harmfulness”) (Article 117 of the Labor Code of the Russian Federation).

Only the time actually worked in harmful (hazardous) working conditions (in hazardous work) is counted in the work experience for leave “for harmfulness” (Article 121 of the Labor Code of the Russian Federation). Therefore, the duration of such leave for each employee is always determined on the date preceding his departure on this leave (Letter of Rostrud dated 18.

03. 2008 N 657-6-0).

The length of service giving the right to this leave does not include periods of vacation, illness, absence from work for other reasons (including in connection with donating blood and in connection with caring for a disabled child).

When calculating the duration of additional leave for hazardous work, the working year does not shift; you simply need to calculate the total number of months that the employee worked in hazardous working conditions during the period from the start date of the previous leave to the date of granting this leave, excluding periods of absence from work. Those. Leave is granted in proportion to the time worked in harmful conditions.

In your situation, the employee was hired on 01/01/12.

sick leave 15 cal. days (assuming from 01.

08. 2012-15. 08.

2012 ), and 01.11 goes on vacation.

2012 We must exclude the period when the employee was on temporary sick leave:

01.01.2012-31.07.201216.08.2012-31.10.2012 That is. we exclude periods when the employee did not work in hazardous working conditions. Together the work periods are 9 months 17 days. We round the result to whole months: a value less than 0.5 is discarded, and 0.5 or more is rounded to a whole month. Consequently, in our situation, the employee worked in harmful conditions for 10 months.

Next, we calculate using the formula: if an employee is given 14 calendar days of annual leave for harm: Total: 14/12*10=11.66, we round up and get 12 days of additional leave.

Note:

If you consider vacation using the concept of a working year, excluding from it periods when the employee did not work in harmful conditions, then it is quite possible to change the working year by shifting its end by 15 days of vacation (illness or other absence of the employee from work) - the period is taken from Your example given in the question.

Details in the System materials:

1.Answer: How to calculate the duration of additional leave for harmful and dangerous working conditions

A special procedure for calculating the duration of leave is provided for additional leave for harmful and dangerous working conditions, confirmed by a special assessment of working conditions. According to Decree of the Government of the Russian Federation dated November 20, 2008 No. 870, the duration of such vacations must be at least seven calendar days.

The specific duration of additional leave and the procedure for its provision, depending on specific working conditions, should be established by the Ministry of Health and Social Development of Russia (Resolution of the Government of the Russian Federation of November 20, 2008 No. 870). However, at present there is no document that would establish such a procedure.

Therefore, before the adoption of the relevant regulatory document, the organization can assess the harmfulness and danger of working conditions (for the purpose of establishing additional leave for employees) independently based on the results of a special assessment of working conditions. The duration of additional leave depending on working conditions, as well as the procedure for its provision, should be specified in the internal documents of the organization (collective agreement, Leave Regulations, etc.

). That is, the organization has the right to independently establish additional leaves of varying durations for different categories of employees engaged in hazardous work (Article 116 of the Labor Code of the Russian Federation).

When drawing up internal documents, an organization can be guided by the following provisions:

industry documents given in the letter of the Ministry of Labor of Russia dated June 30, 1992 No. 1358-VK;
list of industries with hazardous working conditions, work in which gives the right to a shortened working day, approved by Resolution of the State Committee for Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions of October 25, 1974 No. 298/P-22.

These documents can continue to be used to the extent that they do not contradict current labor legislation, by enshrining their individual provisions in your local act. Such clarifications are given by the Russian Ministry of Labor in an explanation dated February 13, 2013, information dated October 1, 2012.

, Rostrud in a letter dated June 19, 2012 No. PG/4463-6-1. The legality of using the lists was also confirmed by the Supreme Court of the Russian Federation in its decision of January 14, 2013.

Moreover, if, according to the results of a special assessment, workplaces are recognized as dangerous or harmful, then establish a vacation of at least seven days, regardless of whether these types of work are included in the lists of hazardous professions or not (decision of the Constitutional Court of the Russian Federation dated May 28, 2013, determination of the Constitutional Court of the Russian Federation of February 7, 2013 No. 135-O).

Additional paid leave is provided only for time actually worked in harmful and (or) dangerous conditions (Article 121 of the Labor Code of the Russian Federation). Taking this into account, calculate the duration of such leave in proportion to the time actually worked:

If an employee periodically (temporarily) works in hazardous conditions, also provide him with leave in proportion to the time actually worked in hazardous conditions.

An example of calculating the duration of additional leave for temporary work in hazardous working conditions. A mechanic who has a welder's license is periodically assigned, due to production needs, to perform electric welding work indoors. For such work, the collective agreement of the organization establishes an additional annual leave of seven calendar days.

None From the answer “What is the duration of annual paid leave” 12/01/2014.

With respect and wishes for comfortable work, Ekaterina Zaitseva, expert of the personnel reference system "System Personnel"

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What is this period and what happens?

Experience is a concept that applies to all working citizens.

Work experience refers to the duration of a person’s work recorded in the work book .
You can confirm the years worked with other documents. This could be an agreement, a certificate, contributions to the Pension Fund. The unit of measurement for experience is years and months. It doesn’t matter where a person worked and how many jobs he changed. If work periods are reflected in established documents, they are all summed up.
Insurance experience is a concept introduced into legislation since 2002 .
This is the period during which the employer deducted contributions to the Social Insurance Fund (SIF) for this employee. It is from the Social Insurance Fund that sick leave is paid in case of temporary disability. It is very important to be sure that all contributions are transferred on time. The easiest way to check the fact of transfer is in the Pension Fund. The insurance period is a key indicator in calculating the size and calculation of a pension.
Preferential work experience for hazardous occupations is a period of work according to the lists of hazardous professions established by Decree of the Government of the Russian Federation No. 665 of July 16, 2014.
Preferential seniority allows teachers and doctors to become pensioners after working in their specialty for 25 years. This is written in clause 19, part 1, art. 30 of Law No. 400-FZ of December 28, 2013 “On Insurance Pensions”.