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What are the conditions under which you can apply for sick leave?
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Legal analysis: 1 year after hospitalization and discharge for general diseases; Malignant tumors, uremia, limb paralysis and other serious diseases that are difficult to achieve the highest level of medical treatment expire after hospitalization and discharge; Mental illness can be discharged after being hospitalized and discharged for 5 years, and there are 5 years of systematic ** diagnosis records and other diseases stipulated by law.
Legal basis: Provisions on the Medical Treatment Period for Illness or Non-work-related Injuries of Enterprise Employees Article 6 If an enterprise employee is disabled due to non-work-related injuries and is determined by a doctor or medical institution to suffer from a disease that is difficult to achieve, and the medical treatment is terminated during the medical treatment period, and he or she is unable to engage in the original job or the work arranged by the employer, the labor appraisal committee shall conduct an appraisal of his or her working ability with reference to the appraisal standards for the degree of disability caused by work-related injuries and occupational diseases. Those who have been identified as level 1 to 4 shall withdraw from their labor positions, terminate their labor relations, go through retirement and resignation procedures, and enjoy retirement and retirement benefits; If the employee is assessed as grade 5 to 10, the labor contract shall not be terminated during the medical treatment period.
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As long as the worker meets the conditions for sick retirement, he or she can apply for early retirement, and the conditions for early retirement are related to the mobility of the worker and the age of the worker.
1. Men who are at least 50 years old and women who are at least 45 years old, who have reached the complete loss of working ability after being appraised by the Labor Appraisal Committee, and who have paid for pension insurance (including the deemed payment period) for 15 years, can retire early and enjoy retirement benefits.
2. If the male is under the age of 50 and the female is under the age of 45, the pension insurance payment period (including the deemed payment period) shall be 15 years, and the labor appraisal committee shall have reached the complete loss of working ability. Early retirement and retirement due to illness or non-work-related disability are calculated in accordance with the provisions of the "Notice on Adjusting and Improving the Measures for the Calculation and Payment of Basic Pensions for Employees of Urban Enterprises" (New Deal 200659). After retiring from illness, they enjoy the same salary and benefits as retirees.
Procedures for sick discharge.
1. Submit an application. The employee or the employer shall submit an application for labor ability appraisal to the labor ability appraisal committee of the county or district where it is located, and at the same time submit the relevant medical information for medical examination in the designated hospital. It should be that after the first time, the injury is in a relatively stable state, and from the perspective of time, it means that the suspension period has expired.
2. Organize the review. After receiving the applicant's application materials, the county and district labor ability appraisal committees must first conduct a preliminary examination to see whether the relevant materials are complete and valid, and whether the situation of the person to be appraised meets the conditions. If the documents submitted by the applicant are insufficient, the applicant shall be required to submit a new application after supplementing the documents, and the deadline for accepting the application shall be calculated from the time the application materials are submitted again.
3. Expert appraisal. After the labor ability appraisal committee accepts the application, it shall randomly select 3 or 5 experts from the medical and health expert pool to form an expert group to conduct the appraisal and dismantling. According to the appraisal opinions of the expert group, determine the degree of labor dysfunction and self-care impairment of the disabled employee, and make a conclusion on the appraisal of labor ability.
4. In accordance with the national labor ability appraisal standards, the disability level is divided into one to ten grades, with the heaviest being one level and the lightest being ten grades. From the perspective of incapacity to work, it can be confirmed that disability in grades 1 to 4 is total incapacity.
Grade 5 and 6 disability can be recognized as mostly incapacitated, and grade 7 to 10 disability can be recognized as partial incapacity. If you are diagnosed with cancer, no matter what kind of cancer it is, it is easy to confirm that you have lost the ability to work.
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There are 11 kinds of serious diseases that are difficult to retreat, such as malignant tumors, uremia, and limb paralysis.
If you have reached the prescribed age (50 years old for men and 45 years old for women) and have paid pension insurance for 15 years, you can apply for sick retirement and receive a monthly pension.
Workers of enterprises, public institutions, party and government organs, and mass organizations owned by the whole people who meet one of the following conditions shall retire:
1. Men are at least 60 years old, women are at least 50 years old, and have worked continuously for 10 years;
2. Engaged in underground, high-altitude, high-temperature, particularly heavy physical labor or other work harmful to physical health, male at least 55 years old, female at least 45 years old, with 10 years of continuous service;
3. Men are at least 50 years old, women are at least 45 years old, have worked continuously for 10 years or more, certified by the hospital and confirmed by the labor appraisal committee, and completely lose the ability to work;
4. Disabled due to work, certified by the hospital and confirmed by the labor appraisal committee, completely incapacitated.
Sick retirement process: 1. Apply for sick retirement appraisal, which shall be declared by the unit and provide the following information:
1) The written application of the employee signed and sealed by the unit;
2) "Appraisal Form of Labor Ability of Employees Due to Illness and Non-work-related Injuries";
3) A copy of ID card;
4) 1-inch bareheaded recent photo;
5) Admissible medical history information, of which the mentally ill patient must provide more than 3 years of ** medical history information.
2. The employer shall conduct a preliminary examination of the employee's application, and at the same time publicize the preliminary examination situation in the enterprise for one week, and if there is no objection, the employer can sign and seal the appraisal form, and submit it to the labor ability appraisal committee of the human resources and social security bureau where the social security is located together with other information of the employee;
3. After being reviewed by the Labor Appraisal Committee and relevant departments, the applicant shall pay an appraisal fee of 200 yuan and prepare relevant inspection, accommodation and accommodation expenses;
4. After the conclusion of the labor ability appraisal is made, the Human Resources and Social Security Bureau shall review whether the submitted materials are complete, and if the application materials are complete, a preliminary opinion shall be issued and submitted for review; The approver reviews the materials and makes a decision on whether to approve or not.
Legal basisArticle 16 of the Social Insurance Law of the People's Republic of China.
Individuals who participate in the basic pension insurance and have paid contributions for 15 years when they reach the statutory retirement age shall receive the basic pension on a monthly basis.
Individuals who participate in the basic endowment insurance and have paid contributions for less than 15 years when they reach the statutory retirement age can pay for 15 years and receive the basic pension on a monthly basis; It can also be transferred to the new rural social endowment insurance or urban residents' social endowment insurance, and enjoy the corresponding endowment insurance benefits in accordance with the regulations.
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Employees with the following diseases can apply for sick retirement: those who meet the standards of 1 to 4 of the "Labor Ability Appraisal of Work-related Injuries and Disability Levels of Occupational Diseases"; chronic severe hepatic impairment; Total gastrectomy or total colectomy or small bowel resection3 4;Various malignant tumors (including hematological tumors) have been comprehensively administered**, radiotherapy, chemotherapy ineffective or postoperative**; Other.
Legal basis
Article 1 of the Interim Measures for the Retirement and Retirement of Workers.
Workers of enterprises owned by the whole people, public institutions, party and government organs, and mass organizations who meet one of the following conditions shall retire.
1) Men are at least 60 years old, women are at least 50 years old, and have worked continuously for 10 years.
2) Engaged in underground, high-altitude, high-temperature, particularly heavy physical labor, or other work harmful to physical health, at least 55 years of age for men and 45 years of age for women, and having worked continuously for 10 years or more.
This provision also applies to grassroots cadres whose working conditions are the same as those of workers.
3) Men who have reached the age of 50 and women who have reached the age of 45 and who have worked continuously for 10 years, and who have been certified by the hospital and confirmed by the labor appraisal committee that they are completely incapacitated.
4) Disabled due to work, certified by the hospital and confirmed by the labor appraisal committee, and completely incapacitated by the hardship.
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Diseases that can be treated for sickness and retirement: those who meet the standards of 1 to 4 of the "Labor Ability Appraisal of Employees' Work-related Injuries and Disability Levels of Occupational Diseases"; chronic severe hepatic impairment; Total gastrectomy or total Kynen's colectomy or small bowel resection3 4;All kinds of malignant tumors (including hematological tumors) have been comprehensive**, radiotherapy, chemotherapy ineffective or postoperative**; Other.
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