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Can I take sick leave again if I haven't recovered from my sick leave?
Suzhou Civil and Commercial Lawyer Wang Kaixuan
Practice 10 year | Jiangsu Hezhou Law Firm
Good at: contract disputes, criminal defense, corporate affairs, divorce, industrial injury compensation.
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Legal analysis: Yes, as long as the total length of sick leave of employees does not exceed the length of medical treatment period. If the medical treatment period exceeds the length, the employer has the right to terminate the labor contract, but it needs to pay economic compensation to the employees.
Legal basis: "Provisions on Medical Treatment Period for Employees Suffering from Illness or Non-work-related Injury"
Article 3 When employees of an enterprise need to stop working for medical treatment due to illness or non-work-related injury, they shall be given a medical treatment period of 3 to 24 months according to their actual working years and working years in their own units:
(a) the actual working experience is less than ten years, and the working experience in this unit is less than five years, which is three months; More than five years is six months.
(two) the actual working experience of more than ten years, less than five years in this unit, for six months; More than five years but less than ten years and nine months; Twelve months of more than ten years and less than fifteen years; Fifteen years, twenty years and eighteen months; Twenty years or more is twenty-four months.
Article 4 If the medical treatment period is three months, the accumulated sick leave time within six months shall be calculated; For six months, calculate the accumulated sick leave time within twelve months; Nine months is calculated according to the accumulated sick leave time within fifteen months; Twelve months is calculated according to the accumulated sick leave time within eighteen months; Eighteen months is calculated according to the accumulated sick leave time within twenty-four months; Twenty-four months is calculated according to the accumulated sick leave time within 30 months.