In the process of work and labor, some accidents may occur, and employees may get sick or get injured at work. At this time, they should ask for sick leave, but in the absence of relevant knowledge, disputes often occur when dealing with it. Next, Bian Xiao will introduce the relevant knowledge about sick leave in the labor law to readers. How long can I take sick leave in the labor law? How to calculate sick pay in labor law? The lawyer will answer your questions.
I. Sick leave time stipulated in the Labor Law
According to the Provisions on the Medical Treatment Period of Enterprise Employees' Sickness or Non-work-related Injury and other relevant regulations, employees' sick leave due to illness or non-work-related injury shall be given a medical treatment period of three to twenty-four months according to their actual working years in the unit:
(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.
Second, the labor law sick pay
1. During the treatment of employees' illness or non-work-related injuries, the enterprise shall pay their sick pay or disease relief funds according to relevant regulations within the prescribed medical treatment period. Sick pay or sickness relief can be paid below the local minimum wage, but not less than 80% of the minimum wage.
2. Except under the circumstances stipulated in Article 25 of the Labor Law, the employer may not terminate the labor contract during the medical treatment period, pregnancy, childbirth, lactation period or the expiration of the labor contract. The term of the labor contract automatically extends to the medical treatment period, pregnancy, childbirth and lactation period.
3. Employees who take long sick leave can continue to perform their labor contracts if they can engage in their original jobs after the medical treatment expires; After the expiration of medical treatment, it is still impossible to engage in the original work or other work arranged by the unit, and the labor appraisal committee shall conduct labor ability appraisal with reference to the appraisal standards of industrial injury and occupational disease disability. Those who are identified as Grade I to Grade IV shall quit their jobs, terminate their labor relations, go through retirement procedures due to illness or non-work-related injuries, and enjoy corresponding retirement benefits; If it is identified as level 5 to level 10, the employer may terminate the labor contract and pay economic compensation and medical subsidy according to the regulations.
4. The "minimum wage" in Article 48 of the Labor Law refers to the minimum labor remuneration paid by the employer on the premise of fulfilling normal labor obligations within the statutory working hours. The minimum wage does not include wages for extended working hours, housing and food subsidies paid by the employer in cash, allowances under special working conditions such as middle shift, night shift, high temperature, low temperature, underground, toxic and harmful, and social insurance benefits stipulated by national laws, regulations and rules.
5. If an employee is sick or injured non-work-related, and the labor contract is terminated after being confirmed by the labor appraisal committee to be unable to engage in the original work or other work arranged by the employer, the employer shall pay the economic compensation equivalent to one month's salary for each full year, and at the same time, it shall pay the medical subsidy of not less than six months' salary. For those suffering from serious diseases and terminal diseases, medical subsidies should also be increased. The increase of serious illness is not less than 50% of Medicaid, and the increase of terminal illness is not less than 100% of Medicaid.
The above is Bian Xiao's knowledge about sick leave in the labor law for readers. The first part introduces the question of how long sick leave can be taken in the Labor Law, in which the sick leave time is generally between 3 months and 24 months, depending on working hours and working hours in the unit; The second part is the explanation of sick pay in labor law, which varies in different situations, depending on the reader's own situation. I hope this article can solve your questions. For more relevant knowledge, please consult lawyer 365 Sanming lawyer.
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