On the inclusion of periods on leave without pay into the total length of service and insurance to determine the right to a labor pension

Is leave without pay interrupted?

As a rule, an employee cannot be dismissed at the initiative of the employer while he is on such leave. Since, according to Article 81 of the Labor Code of the Russian Federation, an employee cannot be dismissed at the initiative of the employer while he is on vacation, with the exception of the case of liquidation of the organization or termination of activities by an individual entrepreneur.

Leave without pay is provided at the request of the employee, the duration of which is determined by agreement between the employee and the employer (Article 128 of the Labor Code of the Russian Federation). The period of illness must be paid, but if it falls on vacation, or when a person lives off a pension, then the time is not paid additionally.

Sick leave during unpaid leave

Few people know that sick leave should not be issued during the period of free leave . Workers are not interested in such trifles, and doctors, by and large, do not need to know whether a patient is on vacation or not. The Social Insurance Fund is not obliged to accept sick leave, because contributions are not paid for this period!

Sick leave is proof of incapacity for work . The period of illness is paid, since the employee could not work for health reasons; these are social support measures. But if the illness occurred while the person was on vacation at his own expense, that is, he had no income, sick leave is not paid. This is confirmed by Federal Law No. 255 of December 29, 2006.

There is also judicial practice on such disputes . For example:

If the sick leave also covers part of the time when the unpaid leave is over, this period is paid for by social insurance.

Vacation at your own expense is included in the length of service

Now it is the insurance period (and not the length of service, as before) that influences the assignment and size of the pension (Law “On Insurance Pensions...” dated December 28, 2013 No. 400-FZ). It applies only to those employees who worked before 2002. It includes all work time, as well as work activities of a socially useful nature.

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This is important to know: How to quit with vacation time off if you didn’t take vacation time off and quit

Yes, the time of these vacations is included in the insurance period. After all, it is determined based on the duration of all periods of work under the employment contract. And the employment contract continues to be valid both during the period the employee is on parental leave and during the period of vacation at his own expense. Grounds: Articles 128 and 256 of the Labor Code*. The fact that contributions to the Social Security Fund for the employee during this period are not actually paid due to his lack of income does not matter.

If an employee of an organization, while on leave without pay, gets sick and brings sick leave, then the organization is not obliged to pay him temporary disability benefits. After all, this benefit is not assigned to the insured person for the period of his release from work with full or partial retention of wages or without payment in accordance with the legislation of the Russian Federation. Of course, with the exception of cases of loss of ability by the employee due to illness or injury during the period of annual paid leave. This is stated in subparagraph 1 of paragraph 1 of Article 9 of the Federal Law of December 29, 2006 No. 255-FZ3.

A rest period during which the employee does not retain wages often raises questions from workers about whether such time will be taken into account in the length of service.

This also includes the social activities in which the citizen was engaged. Important! The insurance period is used not only when determining pension savings, but also when establishing the percentage of sick leave payment. The higher this indicator, the higher the percentage of payment of temporary disability benefits - from 60 to 100%.

Work experience is a generalized concept used to determine the size of a pension for periods before 2002.

Periods that do not count towards vacation time

There are three hundred such periods.
121 Labor Code of the Russian Federation. 1. The time the employee is absent from work without good reason.

https://www.youtube.com/watch?v=ytcopyrightru

In the report card (form No. T-12 approved by Resolution of the State Statistics Committee dated January 5, 2004 No. 1), these days are indicated by the following codes.

Code	Operating periods
PR (24)	Absenteeism
NB (35)	Suspension from work without pay

As for the time of absence from work for a full working day for a good reason (and this is assessed by the employer himself), such a period can be included in the length of leave. For example, if an employee did not go to work because he had an accident on the way to work. An employee’s absence from work due to suspension of work due to a delay in payment of wages for more than 15 days can also be regarded as a valid reason. 142 Labor Code of the Russian Federation.

Rostrud explained to us how to correctly reflect on a timesheet the day of absence from work for a valid reason.

FROM AUTHENTIC SOURCES

SHKLOVETS Ivan Ivanovich

Deputy Head of the Federal Service for Labor and Employment

“An employee’s absence from work for a valid reason not related to temporary disability does not mean at all that he should be given unpaid leave for these days. After finding out the reason for absenteeism, the report card still contains the letter code “NN” or the numeric “30”.”

2. Time of parental leave until the child reaches the age of 3 years. In a standard situation, when an employee uses this leave in full, this is the time from the day following the last day of maternity leave for the mother until the day when the child turns 3 years old. 256 Labor Code of the Russian Federation. In the report card, this leave is indicated by the letter code “OZH” or the numeric “15”.

3. Vacation time at your own expense in excess of 14 calendar days per working year, indicated by the letter codes “DO” or “OZ” or the numeric codes “16” or “17”.

Is length of service interrupted during leave without pay?

In some cases, management is obliged to provide time off, regardless of its consent. Their list can be found here. Sometimes management decides on the issue of providing days off without pay at its discretion.

Is administrative leave included in seniority? Work experience, or more precisely, insurance experience, is important for determining the right to a pension and its size.

It includes the time when funds for compulsory pension insurance were deducted from the employee’s payments.

Is vacation at your own expense included in the calculation of your pension?

When calculating a pension, both work experience for periods before 2002 and insurance coverage for later periods can be taken into account.
The employee must know how his pension will be affected if he takes leave without pay.

This type of vacation is always arranged at the employee’s initiative based on an application.

The Pension Fund clearly defines that only those time periods that were accompanied by contributions to the pension can be included in the insurance. Currently, this is the part of contributions that is calculated at a rate of 22% of the amount of income accrued to the employee. Since the beginning of 2020 A pension contribution is paid to the Federal Tax Service.

The time spent on vacation at one's own expense is regulated by Article 128 of the Labor Code of the Russian Federation and is characterized by the absence of wages. Since earnings are not saved during time off, there is no basis for calculating insurance contributions for a pension - no deductions are made during this period.

The legislation does not contain any exceptions for relative days off without pay and their consideration when calculating pensions. Consequently, vacation time without pay is not included in the insurance period.

Important! Currently, work experience is actually equivalent to insurance coverage. Therefore, days taken at one’s own expense do not increase the length of one’s length of service.

Do days off without pay count towards the vacation period?

Vacation experience is the sum of those time intervals in an employee’s work activity for which he is entitled to regular annual paid leave.

It is necessary to know whether rest time without pay is taken into account in the vacation record. This will allow you to correctly calculate the required vacation days, as well as the compensation paid upon dismissal.

Part 1 of Article 121 of the Labor Code of the Russian Federation establishes that vacation time without pay is included, but only within 14 days. If an employee rests without pay for more than two weeks in total for the year, then the days of excess are not taken into account when calculating vacation pay and compensation assigned upon dismissal.

2 weeks are calculated for the working year, not the calendar year. A worker is considered to be the year that is counted from the date the employee is hired.

If there were no periods excluded from the leave of absence in the next 12 months, then the working year ends on the day preceding the day of employment, taking into account the past year. If there were excluded periods - for example, the number of days off at your own expense exceeded 14, then the end date of the working year is shifted by the number of days not taken into account.

Vacation without pay. Boards

But, if the sick leave continues during the return to work, then the corresponding days are not interrupted and must be compensated. In this process, an application is first registered, and then an order is issued. The manager can release the employee for any period of time: for a day or for a year.

The period when the employee was on leave without pay cannot be included in his insurance period taken into account when assigning a pension. After all, the insurance period includes periods of work for which insurance contributions were paid to the Pension Fund (Clause 1, Article 10 of the Federal Law of December 17, 2001 No. 173-FZ “On Labor Pensions in the Russian Federation”). Read our article about the impact of administrative leave on the length of service required to receive a pension, as well as to determine the right to leave.

Leave at the request of the employer

If at some time there are few orders at work, then many of them switch, for example, to a three-day week, and sometimes “ask” employees to go on vacation at their own expense in order to save costs. At the same time, such a request from the employer cannot be called completely legal. After all, the only initiator of going on administrative leave is the employee himself.

If there is a trial and the facts of downtime and lack of application are established, the employer may be held liable with the obligation to pay the employees the appropriate amount for their length of service. But such claims are not always satisfied. It is unlikely that employees should count on success if:

there are many employees, and all requests for leave indicated their reasons;
even if there are many vacations, some employees of retirement or non-retirement age continued to work;
there are no witnesses who saw that the statement was written under pressure.

Vacation at your own expense. Is it included in the work experience?

Law of December 17, 2001 No. 173-FZ). Since the insurance period required to calculate a pension includes periods of work or other activity for which insurance premiums were paid.

According to Article 10 of the Federal Law of December 15, 2001 No. 167-FZ “On Compulsory Pension Insurance,” the object of taxation of insurance contributions to the Pension Fund and the basis for their calculation are the object of taxation and the tax base under the Unified Social Tax. These are payments and other remunerations accrued by the employer in favor of individuals under employment and civil law contracts, the subject of which is the performance of work and the provision of services (clause 1 of Article 236 of the Tax Code of the Russian Federation). Therefore, if the employee was on vacation at his own expense, did not work, did not receive a salary, the employer cannot calculate and pay insurance contributions to the Pension Fund for this time.

It should be noted that vacation time without pay exceeding 14 calendar days in a working year will not be included in the length of service giving the right to annual paid leave. Article 106 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) stipulates that rest time is the time during which the employee is free from performing work duties and which he can use at his own discretion.

Vacation time without pay exceeding 14 calendar days in a working year will not be included in the length of service giving the right to annual paid leave.

Is vacation included in seniority? Administrative leave - is it included in the length of service or not? The influence of administrative leave on the length of service for annual leave Subscribe to our channel in Yandex.Zen! Subscribe to the channel Is vacation included in seniority? The result of the pension reform was the introduction of the concept of insurance length into legislation.

Labor Code on unpaid leave

Article 128 of the Labor Code gives the employer the right to let employees go for several days without pay . In this case, the reasons must be valid . The validity of the reason put forward by the employee, of course, is determined by the director himself and decides how many days the employee can be released (or may not be released).

There is also an obligation to provide leave without pay for a certain number of days per working year:

up to 35 days - participants of the Great Patriotic War;
up to 14 days – for old-age pensioners; the father, mother and spouse of deceased or mutilated police officers, state drug control officers, customs officers, and the Ministry of Emergency Situations;
up to 60 days – for disabled people;
up to 5 days - for a new father, in the case of his own wedding or funeral of a close relative.

Students of licensed educational institutions are also entitled to unpaid leave:

1. In universities (Article 173 of the Labor Code):

for entrance exams and sessions - 15 days;
for thesis defense – 4 months;
for state exams – a month.

2. In secondary vocational educational institutions (Article 174 of the Labor Code):

for entrance exams and sessions - 10 days;
for state exams – 2 months.

Of course, these periods must be documented - a summons certificate!

All other cases are considered individually and agreed upon by the director and employee.

According to the norm of Article 121 of the Labor Code, vacation at one’s own expense is included in the length of service only if it lasts no longer than two weeks during the year . Accordingly, the remaining days are “deleted” from the length of service, and the working year is increased by the number of extra days. Therefore, the employee loses part of his vacation pay.

Is leave without pay interrupted?

After agreement and understanding that the vacation will be included in the length of service, or part of it will not be included, a corresponding order is issued. The employee must be familiar with it. You can leave only after the employee has signed this document. Leave without pay is included in the total length of service for calculating old-age pensions and social pensions. When assigning preferential pensions, for example to teachers for length of service, it is not taken into account.

The period of unpaid leave is included in the insurance period for calculating temporary disability benefits.

How to reflect vacation at your own expense in the SZV-STAZH form

Calculation of the insurance period is necessary to establish the existence of the right to a pension. It includes the time when funds for compulsory pension insurance were deducted from the employee’s payments. In addition, it includes a number of non-insurance periods: the time of receiving unemployment compensation, benefits for up to 1.5 years of a child, caring for a disabled person, an elderly citizen, as well as a disabled person of any age.

First of all, these two concepts are confused. Both of them are related to the calculation of pensions, as well as other payments to the employee, but are applied differently.

As we can see, the employer, when receiving an application from employees of the named categories with a request for unpaid leave, should not evaluate the validity of the reasons why they need administrative leave.

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Is length of service interrupted during leave without pay?

Is the vacation period retained when an employee is transferred from one organization to another, during a company reorganization, or when reinstated by a court decision? How does part-time work, probationary periods, periods of unpaid leave, and educational leave affect length of service? How to exclude periods from the vacation period? Read about this in our expert’s article.

VIDEO ON THE TOPIC: At your own expense, if we agree - Elena A. Ponomareva

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If you want to find out how to solve your particular problem, please use the online consultant form on the right or call the numbers provided on the website. It's fast and free!

Time off or vacation without pay?

Time off was provided for by the Labor Code; there is no such concept in the Labor Code . However, time off at your own expense fits well into modern labor relations and is even enshrined in the Labor Code. Time off is compensation for working on a holiday or non-working day.

Art. speaks about this. 153 Labor Code : work on a day off is paid double, but the employee, if he wishes, can declare in writing the right to rest on any other day, then the payment for a working day off will be single.

For clarity, here is an example of how to write an application for time off at your own expense for 1 day (sample).

Taking a vacation at your own expense

Therefore, let's talk about the legal aspects: You cannot agree to refuse. Everyone has the right to leave without pay. To do this, you just need to write a statement, indicating the reason and deadline.

This is important to know: Vacations not taken will expire from 2020 without compensation (Labor Code of the Russian Federation)

The only question is whether the bosses will appreciate such sincerity. Based on the application, it will or will not, if the boss cannot be persuaded, an order is issued to provide you with the desired days.

Leave without pay can be taken several times during the year. For example, take three days, then seven, then one and, if necessary, four more. You can’t refuse, you can’t agree. But there are situations when the management is obliged to let you go at your first request.

After all, sometimes there are quite serious reasons for this. For example a wedding. And if you need to improve your health in a sanatorium, but you cannot meet your annual leave, is it really possible to refuse the voucher or interrupt the treatment?

There are other pleasant and not entirely pleasant reasons why leave without pay will be provided. However, many employees can take an annual vacation at their own expense without reference to any circumstances. And the management must release such an employee at any time convenient for him.

The same leave can be taken by a father raising two or more children under fifteen years of age without a mother or if she has been in a medical institution for a long time. The mother of a disabled child is also entitled to two weeks of leave at her own expense once a year. For example, you are in graduate school on the job and you have two minor children.

As a mother, you are entitled to fourteen days a year, and as a graduate student, another fifteen. The law does not provide any restrictions in such cases, and you can take the twenty-nine days allotted to you every year. Or you needed a vacation at your own expense because your children are enrolling in educational institutions located in another city.

If the time of their entrance exams is different, then leave can be taken separately to accompany each child. On the initiative of the authorities, there is also, perhaps, one of the most unpleasant vacations at your own expense.

The enterprise is idle, and management sends workers on leave without pay. Many probably remember how almost a quarter of the working population of our country was on such vacations. In general, is it legal or not to send employees on vacation without pay and without their desire?

And indeed, quite a few copies of the answer have been broken. So it is still possible to send workers on leave without pay until better times. It is possible, but it is no longer profitable. The employee must be informed about significant changes in working conditions, in particular the establishment or abolition of part-time work, no later than two months in advance.

What about the experience? What other consequences, besides financial losses, are fraught with vacation at your own expense? This means that if your paid vacation ends, say, on June 1, then you can start your next one on December 1.

But if during this period of time you took ten days at your own expense, then you are entitled to the next paid vacation no earlier than January 10. But you don’t need to worry about your overall work experience. Leave without pay does not interrupt the total length of service and is even counted towards it.

Based on materials from Natali.

Labor legislation on vacation

According to the Labor Code of the Russian Federation, the employer has the right to let employees go on vacation without pay. But for this they must provide evidence of valid reasons. However, they are not specified in the law, so this indicator is decided by the boss. He can either let you go or refuse the request. The law, however, establishes the obligation to provide leave without pay, but with experience, which is useful for pensions, for a certain number of days, namely:

35 days for WWII participants;
14 days for old people, parents and the spouse of a police officer, customs officer, Ministry of Emergency Situations, drug control;
60 days – for those who have become disabled;
5 days for a father who has just had a child, at his own wedding, at the funeral of a relative.

The collective agreement adopted by the company may contain other reasons for taking leave without pay. True, the conditions for this are only for the better compared to those established by labor legislation, but not for the worse. Leave may also be granted to students:

Universities (for a session half a month, for defending a diploma - four months, and for passing a state exam - a month);
secondary professional institutions (ten days per session, and two months for passing the state exam).

https://www.youtube.com/watch{q}v=v7rvxX6FzZw

Naturally, in order to receive vacation at your own expense, this time must be confirmed by a special certificate. Otherwise, cases will be considered on an individual basis and will be agreed upon by everyone. In Art. 121 of the Labor Code of the Russian Federation contains the answer to the question of whether leave is included in the length of service if it is provided without pay.

Is length of service interrupted during leave without pay?

Free from mobile and landline Free multi-channel phone 8 If you find it difficult to formulate a question, call the free multi-channel phone 8, a lawyer will help you 1. Can a man who works at a factory with 20 years of experience take an academic degree? Vacation for a year without pay and with job protection?

Example What is the difference between insurance and labor? First of all, these two concepts are confused. Calculation of the insurance period is necessary to establish the existence of the right to a pension. It includes the time when funds for compulsory pension insurance were deducted from the employee’s payments.

Inclusion of unpaid leave in the length of service for granting a pension

Below is an article from the Russian Pension Fund. In accordance with Article 10 of the Federal Law No. Work means, first of all, labor activity under an employment contract. In this regard, the following should be noted. The article of the Labor Code of the Russian Federation, further referred to as the Labor Code of the Russian Federation, stipulates that rest time is the time during which the employee is free from performing work duties and which he can use at his own discretion. The article of the Labor Code of the Russian Federation provides a list of types of rest provided to employees, which, along with annual paid and annual additional paid leave, includes leave without pay. Leave without pay is provided at the request of the employee, the duration of which is determined by agreement between the employee and the employer, article of the Labor Code of the Russian Federation. The provision of such leave to an employee is formalized by order of the enterprise, institution or organization. At the same time, while the employee is on leave without pay, the employment relationship is not interrupted by Article 77 of the Labor Code of the Russian Federation.

Is vacation included in the length of service upon dismissal?

Moscow and the Moscow region on the appointment of an early labor pension, having heard the report of Judge Rakunova L. Vasilchenko V. Moscow and the Moscow region on the appointment of an early labor pension. Moscow and the Moscow region refused to grant her an early retirement pension in old age.

Is vacation included in the length of service upon dismissal Question: An employee goes on vacation with subsequent dismissal. Vacation period from

Is unpaid leave included in seniority?

A site about work and leisure. The site is dedicated to everything related to vacation, rest and work: Depending on the purpose of pension or vacation, length of service is calculated differently. Let's take a closer look at the various options.

Personnel issues. On vacation at your own expense Vacation at your own expense, or, more correctly, without pay, is a fairly common phenomenon. However, leave without pay is taken not only and not so much in order to relax. Therefore, let's talk about the legal aspects: You cannot agree to refuse. Everyone has the right to leave without pay. To do this, you just need to write a statement, indicating the reason and deadline.

Is an employee’s work experience interrupted by leave without pay?

Nenets Aut. Vacation without pay. You can highlight vacation, insurance, and work experience. Each is defined differently and used to calculate different values. How does vacation at your own expense affect their duration? What is the difference between insurance and labor?

Often circumstances force specialists to be absent from the workplace. Taking a vacation at your own expense is an option that is used everywhere. However, such absence of a specialist requires special reflection in reporting. Now insurance companies are required to report annually on all employees and specialists who worked during the reporting period.

Registration procedure

Registration of vacation at your own expense occurs in the following order:

An employee submits an application to management.
The duration of the vacation is agreed upon , the application is signed by the manager and sent to the personnel department.
The HR department employee draws up an order in form T-6 .
The order is signed by the head of the unit and the applicant.
The HR department employee makes changes to the employee’s personal card and time sheet.

In the time sheet on Form T-13, you must enter the number of days or hours of vacation in the column “Absences for reasons.” Before the number of hours or days in the “code” column you need to put 16 or “BEFORE” if the leave was taken by agreement with the employer. If leave at your own expense is provided for legal reasons without fail (for example, to a disabled working person or in connection with the birth of a child), then in the “code” column of the report card you must enter the number 17 or “OZ”.

The personal card (Section 8 “vacation”) indicates the type of leave (without pay), the start and end dates, the number of full days (hours) and the order number.

In the vacation application, the employee indicates:

Full name, position;
Full name of the head of the department;
start and end date of the requested leave;
grounds for leave;
date and signature.

A sample application for vacation at your own expense can be found here.