How to calculate the medical treatment period of the labor contract, and how to calculate the medica

Intermittent breaks, cumulatively calculated.

"Employees who are only qualified for a 3-month medical treatment period shall be calculated according to the cumulative sick leave time within 6 months" refers to an employee who is only qualified for a 3-month medical period, and the employer shall calculate whether his medical treatment period is exceeded, based on the cumulative sick leave time within 6 months.

If Xiao Li is on sick leave for the first time from March l5, 2008 to April 15, 2008, Xiao Li is well (he has been on sick leave for 1 month and 1 day), and he is sick again after an interval of 3 months, and if he is on sick leave again until September 14 (the second sick leave is 2 months), then, in the 6 months from March 15 to September 14, Xiao Li has accumulated sick leave for more than 3 months, that is, the medical period has been exceeded.

If in the above case, it is not 3 months apart, but 4 months apart, Xiao Li is sick for 2 months again, then the cumulative 6 months of sick leave does not exceed 3 months, and it is still within the medical treatment period.

Legal analysis: The length of the medical treatment period is determined according to the number of years of service, and if the medical treatment period is still unable to work, the labor contract can be terminated. When an employee needs to stop working for medical treatment due to illness or non-work-related injury, he or she will be given a medical treatment period of 3 months to 24 months including training according to his actual working years and working years in the unit.

Legal basis: Provisions on the Medical Treatment Period for Employees of Enterprises Suffering from Dan Lao Zen Disease or Non-work-related Injuries Article 3 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.

The calculation method of the medical treatment period of the employment contract is as follows:

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.

The conditions for applying for the medical period are that the employee has a certain period of suspension of work and pay due to work-related injuries or occupational diseases, and the following information is required to apply:

1. Diagnosis certificate, medical case, ** list, leave application form from secondary or above hospitals.

2. If there are medical bills and discharge certificates, please attach them.

3. The Personnel Administration Department will strictly review the above-mentioned information and verify the situation with the hospital.

To sum up, employees need to provide some evidence to prove the authenticity of their illness and the necessity of resting when applying for medical treatment, and generally need to provide relevant materials such as medical certificates, hospitalization certificates, medical records, and transfer certificates issued by doctors.

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) 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 method of calculating the wages of employees during the medical treatment period: if they have worked for the employer for 12 months, the original salary standard shall be calculated based on the average monthly salary; If the period is less than 12 months, the original wage standard shall be calculated based on the average monthly wage of the total amount of wages paid for the actual number of months worked; If it is less than one month, the original wage standard shall be calculated according to the monthly salary agreed in the labor contract. Legal basis]:

Article 33 of the Regulations on Work-related Injury Insurance Article 33 If an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work and receive medical treatment for work-related injuries at an early stage, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the unit to which he or she belongs on a monthly basis. The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended for longer periods upon confirmation by the Labor Ability Appraisal Committee at the districted city level, but the extension shall not exceed 12 months.

After the injured employee is assessed for the level of disability, the original benefit shall be suspended, and the disability treatment shall be enjoyed in accordance with the relevant provisions of this chapter. If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury. If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.

Salary and treatment during the medical period: The rules and regulations of the employer have provisions on sick leave pay for empty bank payment, and if there is such an agreement in the labor contract, it can be stipulated; Sick pay or sickness relief can be paid below the local minimum wage; The minimum sick pay cannot be less than 80% of the minimum wage.

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 sick leave wages or sickness relief expenses in accordance with relevant regulations 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.

The calculation of the medical treatment period stipulated in the Labor Law is as follows: if the actual working experience is less than 10 years, it will be three months if the working experience is less than 5 years in the unit; Six months for more than five years. Where the actual working experience is more than 10 years, the working experience in the unit is less than 5 years, and 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.

Article 17 of the Labor Contract Law of the People's Republic of China [Content of Labor Contract] The labor contract shall have the following provisions: (1) The name, domicile and legal representative or principal responsible person of the employer; (2) The worker's name, address, and resident ID card or other valid identification number; (3) The term of the labor contract; (4) The content of the work and the place of work; (5) Working hours, rest and vacation; (6) Labor remuneration; (7) Social insurance; (8) Labor protection, working conditions and protection against occupational hazards; (9) Other matters that shall be included in the labor contract as provided by laws and regulations. In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.

Article 47 of the Labor Law of the People's Republic of China stipulates that an employer shall, in accordance with the characteristics of its production and operation and its economic benefits, independently determine the wage distribution method and wage level of its unit in accordance with the law. Article 3 of the Labor Law of the People's Republic of China stipulates that workers enjoy the right to equal employment and choice of occupation, the right to receive labor remuneration, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights prescribed by law. Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.

Article 11 of the Law of the People's Republic of China on Labor Breakdown and Good Luck [Resolution of Unclear Labor Remuneration in the Absence of a Written Labor Contract] If the employer fails to conclude a written labor contract at the same time as employment, and the labor remuneration agreed with the employee is not clear, the labor remuneration of the newly recruited laborer shall be implemented in accordance with the standards stipulated in the collective contract; Where there is no collective contract or the collective contract does not provide for it, equal pay for equal work shall be implemented. Article 18 of the Labor Contract Law of the People's Republic of China [Resolution of Unclear Agreements on Labor Remuneration and Working Conditions in Labor Contracts] If the labor contract is unclear on labor remuneration and working conditions, and disputes arise, the employer and the employee may renegotiate; If the negotiation fails, the provisions of the collective contract shall apply; If there is no collective contract or the collective contract does not stipulate labor remuneration, equal pay for equal work shall be implemented; Where there is no collective contract or the collective contract does not stipulate standards such as labor conditions, the relevant provisions of the state shall apply.

According to the "Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Employees of Enterprises", the medical treatment period refers to the time limit within which an employee of an enterprise shall not terminate his or her contract due to illness or non-work-related injury. When an employee needs to stop working for medical treatment due to illness or non-work-related injury, he or she will 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) The actual working years are less than 10 years

3 months for those who have worked in the unit for less than 5 years; 6 months for more than 5 years. (2) Actual working experience of 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 those who have more than 10 years and less than 15 years; 18 months for those between 15 and 20 years; 24 months for more than 20 years.

During the period of medical treatment for work-related injuries, the enterprise shall not dissolve or terminate the labor contract and shall be dismissed, dismissed or dismissed. After the expiration of the work-related injury medical treatment period, you still need to ** and continue to enjoy the work-related injury medical treatment. Employees who are injured at work will be paid wages during the medical treatment period for work-related injuries and will be paid work-related injury allowances on a monthly basis.

The standard of work-related injury allowance is equivalent to the average monthly salary income of the injured employee in the 12 months prior to the injury. After the medical treatment period for work-related injuries expires or the level of disability is assessed, the work-related injury allowance shall be suspended and the disability benefits shall be enjoyed instead. According to Article 3 of the Regulations on the 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.