The Labor Code stipulates what benefits are still entitled to the expiration of the medical treatmen

1. You can enjoy sick leave pay, sickness relief expenses (according to local regulations), and medical expense reimbursement (according to local medical reimbursement regulations) in accordance with the "Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees".

Article 5. During the medical treatment period, the sick leave pay, sickness relief expenses and medical treatment of the employees of the enterprise shall be implemented in accordance with the relevant regulations. ”

2. After the expiration of the medical period, the employer still cannot return to work, or the unit chooses to extend the medical treatment period and continue to enjoy the treatment according to the previous article; or the employer chooses to terminate the labor contract, and is entitled to one month's notice and economic compensation in accordance with the law.

Labor Contract Law

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

According to the doctor's advice, I went to the labor department to report, and in the end, it was estimated that the matter was negotiated.

The duration of medical treatment is determined based on the length of service. During the medical treatment period, the salary standard is not lower than the local wage standard, and it seems to be 80%.

According to Article 3 of the Regulations on the Medical Treatment Period for Illness or Non-work-related Injuries of Enterprise Employees, you shall be entitled to a three-month medical treatment period. The employer shall not terminate the labor contract within these 3 months, and shall pay you sick leave pay, which shall not be lower than 80% of the minimum wage standard stipulated by the local prefecture-level city people**. According to the provisions of the Notice on Printing and Distributing the Measures for Economic Compensation for Violation and Termination of Labor Contracts, if the labor appraisal committee confirms that you are unable to engage in the original job or the work arranged by the employer, you shall pay the severance and pay a medical subsidy of not less than six months' salary, but if you want to get this subsidy, you must go through the appraisal of your working ability, and if you think that you are unable to work, you cannot get it.

After the expiration of the medical treatment period, if the illness has not yet been obtained, the employer has the right to terminate the contract, but shall pay you one and a half months' salary as economic compensation.

Enjoy a 3-month medical treatment period.

Sick leave for sick or non-work-related injuries shall be granted to employees with a medical treatment period of three months to 24 months, depending on the actual number of years of work and the number of years of service in the unit

1. If the actual working experience is less than 10 years, the working experience in the unit is less than 5 years, and the working experience is less than 3 months; Six months for more than five years.

2. If the actual working experience is more than 10 years, the working experience in the unit is less than 5 years, and the working experience is less than 6 months; 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.

In addition, 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 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.

1. What to do after the end of long-term sick leave.

1. Employees who take long sick leave can continue to perform the labor contract after the expiration of the medical treatment period and can engage in the original job; If the employee is still unable to engage in the original job or work arranged by the unit after the expiration of the medical treatment period, the labor appraisal committee shall conduct an appraisal of the 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 the formalities for retirement due to illness or non-work-related injuries, and enjoy corresponding retirement benefits; If the employee is assessed as a grade 5 to 10, the employer may terminate the labor contract and pay severance and medical subsidies in accordance with regulations.

2. If a worker is sick or injured not due to work, and the labor appraisal committee confirms that he is unable to perform the original job or the work arranged by the employer and terminates the labor contract, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year of his or her working years in the employer, and shall also pay a medical subsidy of not less than six months' salary. In the case of serious illness and terminal illness, the medical subsidy shall also be increased, and the increase in the amount of serious illness shall not be less than 50 percent of the medical subsidy fee, and the increase in the amount of terminal illness shall not be less than 100 percent of the medical subsidy fee.

2. Determine the base of sick leave pay.

1) If there is an agreement in the labor contract, it shall be determined according to the wage standard corresponding to the position (position) of the worker as agreed in the labor contract. Where the standard determined in the collective contract (collective wage agreement) is higher than the standard agreed in the labor contract, it shall be determined in accordance with the standard of the collective contract (collective wage agreement).

2) If there is no stipulation in the labor contract or collective contract, the employer and the employee representatives may determine the wage through collective negotiation, and the result of the negotiation shall be a collective wage agreement.

3) If there is no agreement between the employer and the employee, the calculation base of the holiday salary shall be determined by 70% of the monthly salary of the employee's normal attendance at the post (position) where the employee is located.

The base amount of holiday workers' wages calculated according to the above principles shall not be lower than the minimum wage standard stipulated by the city. Where laws and regulations provide otherwise, follow those provisions.

According to the Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Employees of Enterprises (Lao Bu Fa [1994] No. 479) and other relevant regulations, when an employee of an enterprise needs to stop working for medical treatment due to illness or non-work-related injury, the enterprise shall grant a certain period of medical treatment to the employee according to his actual working years and the number of years he or she has worked in the unit. The medical treatment period refers to the time limit within which an enterprise shall not terminate the labor contract when an employee stops working for treatment due to illness or non-work-related injury, that is, the sick leave for an employee who is sick or injured at work. 1. Legal Provisions 1. 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:

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 regulations during 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. Article 21 of the Beijing Municipal Regulations on Payment of Wages: "If a worker is sick or injured not due to a workman, during the sick leave period, the employer shall pay sick leave wages in accordance with the provisions of the labor contract or collective contract."

The sick leave pay paid by the employer shall not be less than 80% of the minimum wage standard of the city. Article 22 During the period of personal leave, the employer may not pay the wages of the employee. II. Interpretation of the above provisions 1. For sick leave pay, the employer may stipulate with the employee in the contract, that is, it must not be less than 80% of the local minimum wage.

According to Article 1 of the Beijing Minimum Wage Standards promulgated on June 28, 2006, the minimum wage in Beijing is 640 yuan. According to the provisions of the Notice of the Ministry of Labor on the Average Monthly Working Hours and Wage Conversion of Employees throughout the Year, the average monthly working days and working hours of employees throughout the year are adjusted to days and hours respectively, therefore, the minimum daily wage in Beijing is RMB, and 80% of it is RMB, therefore, the daily sick leave pay shall not be less than RMB. 2. For personal leave wages, the enterprise can not pay it at all.

Sick pay or sickness relief can be paid less than the local minimum wage, but not less than 80% of the minimum wage. Calculation of sick leave pay: sick leave pay for illness or non-work-related injury = (calculation base modulus monthly salary days) calculation coefficient sick leave days.

The wage change shall be paid to the worker in the form of money on a monthly basis.

[Legal basis].Article 59 of the Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China.

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 regulations within the specified 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 percent of the minimum wage standard.