Q:
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What is the conceptual difference between sick leave and medical period?
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A:
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The medical period refers to the time limit for an enterprise employee to stop working due to illness or non-work-related injury to stop working and take a rest. Sick leave is the period during which employees stop working, rest and treat in accordance with medical advice due to physical discomfort. Sick leave regulations generally follow the rules and regulations of the enterprise, while the medical period is clearly stipulated by laws and regulations.
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Q:
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What are the regulations for employee salary payment during sick leave?
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A:
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If the employee's illness or non-work-related injury takes consecutive leave within 6 months, the enterprise shall pay the sick leave salary according to the following standards:
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If the continuous working years is less than 2 years, it shall be paid at 60% of my salary;
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If the continuous working years is 2 years but less than 4 years, it will be paid at 70% of my salary;
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For those who worked continuously for 4 years but less than 6 years, 80% of their salary;
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For those who worked continuously for 6 years but not for 8 years, 90% of their salary;
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If you worked continuously for 8 years or more, 100% of your salary.
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Q:
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What is the standard of medical period in Shanghai？
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A:
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According to the relevant regulations of Shanghai, the medical period is set according to the working years of the laborers in the employer. The first year of labor in the unit, the medical period is 3 months; for every year after working, the medical period will increase by 1 month, but not more than 24 months.
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Q:
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Whether the labor contract can be terminated during the medical treatment period?
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A:
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Labor relations cannot be terminated during the general medical period. However, if the employee’s accumulated sick leave during the work period of the unit exceeds the medical period as prescribed, the employer may terminate the labor contract with it according to law.
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Q:
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After the medical period, if the unit and the employee terminate the labor contract according to law, what should be pay attention to?
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A:
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If the employee is sick or is not injured due to work, and the labor appraisal committee confirms that he cannot engage in the original work or the work arranged by the employer and terminates the labor contract, the employers should pay an economic compensation equivalent to one month’s salary for each full year according to their working years in the employer, and a medical assistance fee of not less than six months’salary is also paid.
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FAQ
