I would like to ask about the provisions of the labor law on how to take sick leave and annual leave

Sick Leave Pay] Ministry of Labor's "Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China" Article 59 of the Ministry of Labor Fa (1995) No. 309 stipulates that 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 wage or sickness relief fee may be paid lower than the local minimum wage standard, but not lower than 80 of the minimum wage standard.

Article 11 of the Interim Provisions on Payment of Wages issued by the Ministry of Labor (No. 1994 No. 489) stipulates that during the period when employees are entitled to annual leave, home leave, marriage leave, and bereavement leave in accordance with the law, the employer shall pay the wages to the employees according to the standards stipulated in the labor contract.

1. Paid annual leave.

Article 3 of the Regulations on Paid Annual Leave for Employees stipulates that if an employee has worked for 1 year but less than 10 years, he or she shall take 5 days of annual leave; 10 days of annual leave for those who have completed 10 years but are less than 20 years; Those who have completed 20 years of leave will take 15 days of annual leave.

2. Sick leave According to the "Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees" (Lao Bu Fa [1994] No. 479) and other relevant regulations, the sick leave of sick or non-work-related injured employees shall be given a medical treatment period of three months to 24 months according to their 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.

First of all, you need to determine the condition, and secondly, reasonable medical advice, preferably with relevant examination reports and medical records. There are many such problems to solve, I hope it can help you.

It can be seen from the law upstairs that sick leave and annual leave exist at the same time, and only after the sick leave exceeds a certain period of time can the annual leave not be taken, and the employer's practice is violated.

The sick leave provisions in the Labor Code are:

1. The employer cannot terminate the labor contract if the employee is sick or injured not due to work, and the employee is within the prescribed medical treatment period;

2. Employees who take long sick leave can continue to perform the labor contract if they are able to engage in their original work after the expiration of the medical treatment period;

3. During the period of illness or non-work-related injury, the enterprise shall be able to lower than 80% of the minimum wage standard within the specified medical treatment period.

[Legal basis].

Article 26 of the Labor Law of the People's Republic of China.

Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the employee in writing 30 days in advance:

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

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on changing the labor contract through consultation.

Legal analysis: 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 sickness wages or sickness relief expenses may be paid lower than the local minimum wage standard; Except for the circumstances stipulated in Article 25 of the Labor Law, the employer shall not terminate the labor contract when the term of the labor contract expires during the period of medical treatment, pregnancy, childbirth and breastfeeding.

Legal basis: Article 57 of the Labor Law of the People's Republic of China The State shall establish a statistical reporting and handling system for accidents and occupational diseases. The labor administrative departments of the people's governments at or above the county level, relevant departments and employers shall, in accordance with the law, count, report and deal with the accidents that occur in the course of labor and the occupational diseases of the workers.

According to Article 3 of the notice of the Ministry of Labor on the issuance of the "Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees" (Lao Bu Fa [1994] No. 479).

If 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 3 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, 3 months for those who have worked in the unit for less than 5 years; 6 months for more than five years.

2) Where the actual working experience is more than 10 years, 6 months for those who have worked in the unit for less than 5 years, and 9 months for those who have worked for more than 5 years and less than 10 years; 12 months for between 10 and 15 years; 18 months for those between 15 and 20 years; 24 months for more than 20 years.

According to Article 6 of the notice of the Ministry of Labor on the issuance of the "Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees" (Lao Bu Fa [1994] No. 479), 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 not less than 80% of the minimum wage standard.

The provisions of the Labor Code on sick leave are as follows:

1.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.If an employee takes long sick leave and maintains an employment relationship with the original employer during the sick leave, the employer shall sign a labor contract with the employee.

3.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 employee 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).

4.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.

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

6.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 regulations within the prescribed period of early medical treatment, 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.

7.The social insurance premiums of surplus employees, employees on long leave, persons on long sick leave, loan personnel and paid school attendees shall continue to be paid by the original units and individuals in accordance with the regulations, and the period of payment of insurance premiums shall be calculated as the payment period.

1. Materials required for sick leave application.

When any employee of an enterprise needs to stop working for medical treatment due to illness or non-work-related injury, the enterprise shall give a certain period of medical treatment according to the employee's actual working years and working years in the unit.

2. How to calculate sick pay.

Sick leave pay (also known as sickness leave pay) for an employee's sick or non-work-related injury for less than 6 consecutive months is determined separately according to the length of continuous service

1.Those who have worked for less than two years are not exempt, and the sick leave pay is 60% of their salary;

2.For those who have worked continuously for two years but less than four years, the sick leave pay is 70% of their salary;

3.For those who have worked continuously for four years but less than six years, the sick leave pay shall be 80% of their salary;

4.For those who have worked continuously for six years but less than eight years, the sick leave pay is 90% of the person's salary.

It is not legal for an employee to take sick leave before taking annual leave. If an employee needs to take a leave due to illness, he or she can take sick leave directly, and the employer cannot force the employee to take annual leave first. Annual leave and sick leave are different holidays that apply to different situations and can be taken separately.

[Legal basis].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 the sick leave wages 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 shall not be lower than 80 of the minimum wage standard.