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No wages are paid during personal leave, and 80% of wages are paid during sick leave.
Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China (Lao Bu Fa [1995] No. 309).
59. During the period of illness or non-work-related injury, the enterprise shall pay the sick leave pay or sickness relief fee in accordance with the relevant provisions during the specified medical treatment period, and the sick leave pay or sickness relief fee may be paid lower than the local minimum wage standard, but shall not be lower than 80% of the minimum wage standard
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According to the national regulations, the number of monthly attendance days is calculated on a daily basis. In the case of sick leave, a part of the daily wage shall be deducted, in the case of personal leave, the full amount of the daily wage shall be deducted, in the case of marriage and funeral leave, the salary shall not be deducted, and in the case of absenteeism, the full amount of the daily wage shall be deducted, and other penalties shall be accepted.
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The number of days of monthly attendance should be calculated according to the national unified standard, personal leave is deducted from the salary of the whole day, sick leave is deducted according to the employee's years, and it seems that 40% is deducted for less than two years, which is stipulated in the labor law.
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Article 59 of the Opinions of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China stipulates that during the period of illness or non-work-related injury, the enterprise shall pay the sick leave pay or sickness relief expenses in accordance with the relevant provisions within the prescribed medical treatment period, and the sick leave wages or sickness relief expenses may be paid lower than the local minimum wage standard, but not less than 80% of the minimum wage standard.
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Legal Analysis: Sick Leave: If an employee of an enterprise is sick or injured not due to work, and the cumulative period of suspension of work for medical treatment does not exceed 180 days, the enterprise shall pay 70% of the sick leave salary to him/her, and if the employee exceeds 180 days, 60% of his/her salary shall be paid sickness relief expenses, and the sick leave pay or sickness relief expenses shall not be lower than 80% of the local minimum wage standard.
Personal leave: Employees who need to take leave for personal or family reasons can take personal leave, which is unpaid leave, and personal leave is calculated in days or hours.
Legal basis: Article 51 of the Labor Law stipulates that the employer shall pay wages to employees on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with the law.
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Legal analysis: how to deduct wages for sick leave and personal leave: no wages are paid for personal leave, and wages are calculated and paid for sick leave not lower than the local minimum wage.
Wages are labor remuneration, personal leave is due to personal non-attendance, naturally should not be paid, employees during personal leave, will not be paid. Where the monthly salary system is implemented, wages shall be deducted according to the number of days of monthly salary.
Legal basis: Notice on the Trial Implementation of Several Provisions on the Wages and Benefits of Workers and Employees of Enterprises during Overtime, Personal Leave, Sick Leave and Suspension of Work Article 2 No wages shall be paid to employees during their personal leave. Where the monthly salary system is implemented, wages shall be deducted according to the number of days of monthly salary.
Article 59 During the period of sick leave, the employer shall pay sick leave pay, and the specific standard shall be determined by the employer at a rate not lower than 80% of the local minimum wage standard.
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Methods for deducting wages for employees taking leave: 1. Personal leave. According to the regulations, one day off deducts wages = monthly salary is the number of days of monthly salary stipulated by the labor law.
Monthly salary = (365 days - 104 days) 12 months = day 2, sick leave. According to the regulations, the deduction of sick leave = monthly salary, of which 40% is the maximum deduction ratio, the general company deduction ratio is less than 40%, and some companies have a certain number of days of paid sick leave.
Article 3 of the Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Employees of Enterprises.
When an employee of an enterprise needs to stop working for medical treatment due to illness or non-work-related injury, he or she shall be given a medical treatment period of three months to 24 months according to his actual working years and working years in the unit
1) Where the actual working experience is less than 10 years, three months for those who have worked in the unit for less than 5 years; Six months for more than five years.
2) Where the actual working experience is more than 10 years, the working experience in the unit is less than 5 years, and 6 months is the actual working experience; 9 months for those between five and ten years; 12 months for between 10 and 15 years; 18 months for between 15 and 20 years; 24 months for more than 20 years.
The above is only the current information combined with my understanding of the law, please refer to it carefully!
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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The details of the one-day deduction of wages for sick leave are as follows:
1. For "short-term sick leave" of employees, the enterprise shall pay sick leave wages according to the following standards: if the employee has worked continuously for less than two years, it shall be calculated and paid at 60% of his salary; If the employee has worked continuously for two years but less than four years, it shall be paid at 70% of his salary; If the employee has worked continuously for four years but less than six years, it shall be paid at 80% of his salary; If the employee has worked continuously for six years but less than eight years, it shall be paid at 90% of the employee's salary; Those who have worked continuously for eight years or more shall be paid 100% of their salary.
2. For the "long-term sick leave" of employees, the enterprise shall pay the sick relief fee (long sick leave wage) according to the following standards: 40% of the salary for those who have worked continuously for less than one year, 50% of their salary for those who have worked for one year and less than three years, and 60% of their salary for those who have worked for three years or more. The personal salary here refers to 70% of the employee's actual salary under normal circumstances.
Documents required for sick leave:
1. Generally, provide the relevant medical records of medical institutions to the employer, inform them of the need to take sick leave, and apply for leave according to the procedures stipulated by the company.
2. If a worker takes sick leave, the employee shall go to the medical institution designated by the employer, and if he needs to stop work for recuperation after being examined by a licensed physician, the medical practitioner shall issue a sick leave note, and the employee shall go through the leave application procedures according to the procedures prescribed by the employer with the sick leave note.
Sick Leave Payroll Standards:
1. If the continuous service is less than 2 years, it will be calculated and paid according to 60% of the salary;
2. If the continuous service is more than 2 years but less than 4 years, it will be calculated and paid according to 70% of the employee's salary;
3. If the continuous service is more than 4 years but less than 6 years, it will be calculated and paid according to 80% of the salary;
4. If the continuous service is more than 6 years but less than 8 years, it will be calculated and paid according to 90% of the salary;
5. Those who have worked continuously for 8 years or more will be paid 100% of their salary.
To sum up, for "short-term sick leave", the enterprise shall pay the sick leave pay according to the following standards: if the employee has worked for less than two consecutive years, it shall be calculated and paid at 60% of the employee's salary.
Legal basis]:
Article 3 of the Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Employees of Enterprises.
When an employee of an enterprise needs to stop working for medical treatment due to illness or non-work-related injury, he or she shall be given a medical treatment period of three months to 24 months according to his actual working years and working years in the unit
1) Those who have worked for less than 10 years, and those who have worked in the unit for less than 5 years are to be reformed for three months; Six months for more than five years.
2) Where the actual working experience is more than 10 years, the working experience in the unit is less than 5 years, and 6 months is the actual working experience; 9 months for those between five and ten years; 12 months for between 10 and 15 years; 18 months for between 15 and 20 years; 24 months for more than 20 years.
Article 4 Where the medical treatment period is three months, the accumulated sick leave time within six months shall be calculated; 6 months is calculated based on the accumulated sick leave time within 12 months; Nine months shall be calculated as the accumulated sick leave time within 15 months; 12 months shall be calculated according to the cumulative sick leave time within 18 months of sickness; 18 months shall be calculated based on the accumulated sick leave time within 24 months; 24 months shall be calculated based on the accumulated sick leave time within 30 months.
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Sick pay can be paid less than the local minimum wage, but not less than 80 percent of the minimum wage. Personal leave, on the other hand, is generally deducted from the salary on the day of leave. The specific amount of deduction shall be determined according to the rules and regulations of the employer.
1. Can I refuse sick leave without a sick leave certificate?
If you don't have a sick leave note, you can't get it. Sick leave is an employee's statutory right to leave, and as long as the conditions for sick leave are met, the employee can apply for leave, and the employer shall not refuse the request for labor leave. During the period of illness or non-work-related injury**, the enterprise shall pay the employee sick leave pay or sickness relief expenses in accordance with the relevant regulations within the prescribed medical treatment period, and the sick leave pay or sickness relief expenses may be paid lower than the local minimum wage standard, but shall not be lower than 80% of the minimum wage standard.
2. Is the employee's 10 days of sick leave counted as salary?
If the employee takes 10 days of sick leave, the salary is calculated as follows: sick leave pay = (calculation base number of monthly pay days) calculation coefficient 10. Sick pay can be paid less than the local minimum wage, but not less than 80% of the minimum wage.
Wages refer to the wages and remuneration paid by the employer to the employee in various forms in accordance with the provisions of the labor contract. Wages shall not be deducted or unjustifiably delayed.
3. What is the difference between sick leave and sick leave for work-related injuries?
There are the following differences between work-related injury leave and sick leave: the original salary and benefits of work-related injury leave remain unchanged, and sick leave pay or sickness relief can be paid lower than the local minimum wage standard, but not less than 80 percent of the minimum wage standard; Work-related injury leave shall generally not exceed 12 months, and the extension shall not exceed 12 months, and the sick leave shall be calculated according to the actual number of years of work and the number of years of work in the unit.
Article 4 of the Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees.
If the medical treatment period is three months, the accumulated sick leave time within six months shall be calculated; 6 months is calculated based on the accumulated sick leave time within 12 months; Nine months shall be calculated as the accumulated sick leave time within 15 months; 12 months shall be calculated as the accumulated sick leave time within 18 months; 18 months shall be calculated based on the accumulated sick leave time within 24 months; 24 months shall be calculated based on the accumulated sick leave time within 30 months.
Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China" 59
During the period of illness or non-work-related injury, the enterprise shall pay sick leave pay or sickness relief expenses in accordance with relevant regulations within the prescribed medical treatment period, and the sick leave pay or sickness relief expenses may be paid lower than the local minimum wage standard, but shall not be lower than the minimum wage standard of Qingbiliang 80.
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