Provisions on the medical treatment period for employees, and regulations on the medical treatment p

When an employee 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: specifically: (1) three months if the actual working experience is less than 10 years, and if the actual working experience is less than 5 years, three months if the working experience is less than 5 years;

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 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 employer shall not terminate the labor contract during the medical treatment period.

The medical period is regulated as follows:

According to the Provisions 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 a labor 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 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 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 between 10 and 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, it is still necessary to continue to enjoy the medical treatment of work-related injuries.

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 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), 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 3 months to 24 months according to his actual working years and working years in the unit: (1) if the actual working experience is less than 10 years, 3 months if the actual working experience is 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.

1. Regulations on the medical treatment period of employees.

1. The medical treatment period refers to the time limit within which an employee of an enterprise shall not terminate the labor contract due to illness or non-work-related injury, stop working, medical treatment, and rest. 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;

2. Legal basis: Article 40 of the Labor Contract Law of the People's Republic of China.

If an employee is sick or injured not due to work, and is unable to perform his or her original job or work arranged by the employer after the expiration of the prescribed medical treatment period, the company may terminate the labor contract after giving 30 days' written notice to the employee or paying the employee an additional month's salary.

2. What are the benefits during the medical treatment period?

1. During the medical treatment period, the sick leave salary, sickness relief expenses and medical treatment of the employees of the enterprise shall be implemented in accordance with the relevant regulations;

2. During the period of illness or non-work-related injury, the enterprise shall pay the sick leave salary or sickness relief fee according to the relevant regulations during the specified hardship and medical treatment period, and the sick leave salary or sickness relief fee can be paid lower than the local minimum wage standard, but not less than 80% of the minimum wage standard;

3. If a worker is sick or injured not due to work, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law if the employee is sick or injured not due to work-related injuries within the prescribed medical treatment period;

4. The medical treatment period is generally given to employees who are sick or injured not due to work, and if the employee suffers a work-related injury, there is no such thing as a medical period. Determine the medical treatment period of the employee should be calculated according to the actual length of service of the employee and the seniority of the unit, and the medical treatment period is generally between 3 months and 24 months.

The provisions of the medical treatment period for employees are as follows:

1. The length of the medical period: the length of the medical period of the employee shall be determined according to the condition of the employee and the time of need, but the length shall not exceed 6 months for employees with one year of service, 12 months for employees with more than one year of service, and 24 months for employees with more than ten years of service;

2. Medical expenses: The employer shall pay the medical insurance expenses of the employees in accordance with the prescribed proportion, and reimburse the medical expenses of the employees in accordance with the regulations. If the employee's employer does not pay medical insurance, the employer shall be responsible for paying the employee's medical expenses;

3. Salary: During the medical treatment period, the employer shall pay the sick leave pay in accordance with the regulations, but the payment period of sick leave pay shall not exceed the end date of the medical treatment period;

4. End of the medical period: After the end of the medical period, the employee shall return to work in a timely manner, and if the employee is unable to work normally due to illness, he or she shall apply for work-related injury identification or labor ability appraisal in accordance with the regulations, and the employer shall adjust it according to the assessment results.

Employees are entitled to the following rights during the medical treatment period:

1. Continue to retain the original position: During the medical treatment period, the employer shall retain the original position of the employee, and shall not terminate the labor contract or illegally dismiss the employee; Laughing Tong.

2. Access to medical insurance: The employer shall pay the medical insurance premiums of the employees in accordance with the prescribed proportion, and reimburse the medical expenses of the employees in accordance with the regulations. If the employee's employer does not pay medical insurance, the employer shall be responsible for paying the employee's medical expenses;

3. Receipt of sick leave pay: During the medical treatment period, the employer shall pay the sick leave pay in accordance with the regulations, but the payment period of sick leave pay shall not exceed the end date of the medical treatment period;

4. Obtain labor ability appraisal: If the employee is still unable to work normally after the end of the medical treatment period, he or she can apply for labor ability appraisal, and the employer shall adjust it according to the assessment results;

5. Obtain medical insurance benefits: Employees can enjoy corresponding benefits if they meet the prescribed medical insurance treatment conditions during the medical treatment period.

To sum up, when an employee applies for a medical period, he or she shall provide the medical records and medical certificates issued by the hospital, and the employer may require the employee to provide relevant supporting materials and process the application for the medical treatment period in a timely manner.

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 medical treatment period is based on the employee's working years and the working years in the unit, and the employee can enjoy a medical treatment period of 3 to 24 months. The medical treatment period refers to the period during which the employees of the enterprise are sick or injured during the labor contract period, and are entitled to stop working and rest in accordance with the law.

According to the provisions of the Ministry of Labor on the Medical Treatment Period for Employees of Enterprises, the medical treatment period may be appropriately extended for certain special diseases (such as cancer, mental illness, paralysis, etc.) that cannot be cured within 24 months, or with the approval of the competent department of the enterprise and labor. The specific criteria are:

1) The actual working experience is less than 10 years, and the working experience in the unit is less than 5 years for 3 months; 6 months for more than 5 years.

2) The actual working experience is more than 10 years, and the working experience of the unit is less than 5 years, which is 6 months; 9 months for those between 5 and 10 years; 12 months for those between 10 and 15 years; 18 months for those between 15 and 20 years; 24 months for more than 20 years.

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

When an employee of an enterprise 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. If the actual working experience is more than 10 years, 6 months for those who have worked in the unit for less than five years, and 9 months for those who have worked for more than five years and less than 10 years; 12 months for between 10 and 15 years; 18 months for more than 15 years and 20 years; 24 months for more than 20 years. If it is an occupational disease :

According to the Regulations on Work-related Injury Insurance, employees who are injured at work or suffer from occupational diseases are subject to a certain period of suspension of work with pay (medical treatment). The period of suspension with pay is generally not more than 12 months, and if the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the Labor Ability Appraisal Committee at the city level divided into districts, but the extension shall not exceed 12 months. 2. If the actual working experience is less than 10 years, 3 months if the working experience is less than 5 years in the unit; 6 months for more than five years.

Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China

Article 59.

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 shall not be lower than 80% of the minimum wage standard.

Article 45 of the Labor Law stipulates that "if an employee has worked continuously for more than one year, he or she shall be entitled to paid annual leave. The specific measures are stipulated by ***. "The Shanghai government is open.

92) Document No. 15 stipulates: "Employees of an enterprise who have worked continuously for 5 years can enjoy annual leave from the sixth year onwards, of which 5 15 years of service and 7 days of leave; 15 25 years of service, 10 days of leave; If you have worked for more than 25 years, you will be given 14 days off. "The above-mentioned length of service refers to the continuous length of service in the enterprise.

2. How is the medical treatment period stipulated1For employees who have signed a labor contract with the employer before May 1, 2002, Article 13 of the Shanghai Labor Contract Regulations on the medical treatment period shall still apply, that is, "if the employee needs to stop work for medical treatment due to illness or non-work-related injury during the performance of the labor contract, the employer shall grant the medical treatment period in accordance with the following provisions:

1) If the cumulative working experience is less than 10 years, and the working experience in the unit is less than 5 years, the medical treatment period is 3 months; If the employee has worked in the unit for 5 years or more, the medical treatment period shall be 6 months.

2) If the cumulative working experience is more than 10 years but less than 20 years, and the working experience in the unit is less than 5 years, the medical treatment period is 6 months; If the working experience in the unit is 5 years but less than 10 years, the medical treatment period is 9 months; If the employee has worked in the unit for 10 years but less than 15 years, the medical treatment period is 12 months; If the employee has worked in the unit for 15 years but less than 20 years, the medical treatment period is 18 months.

3) If the cumulative working experience is more than 20 years, and the working experience in the unit is less than 5 years, the medical treatment period is 12 months; If the employee has worked in the unit for 5 years but less than 10 years, the medical treatment period is 18 months; If the employee has worked in the unit for 10 years but less than 15 years, the medical treatment period is 24 months; Those who have worked in the unit for 15 years or more are not limited to the period of medical treatment. 2.Article 27 of the Regulations of Shanghai Municipality on the Administration of Labor and Personnel of Foreign-Invested Enterprises on the Medical Treatment Period shall still apply to the employees who have signed a labor contract with a foreign-invested enterprise before May 1, 2002, that is, "a Chinese employee of a foreign-invested enterprise shall be granted a medical treatment period of three months to one year according to the length of his or her working time in the enterprise; If the enterprise has a long length of service or a general length of service and outstanding performance in production and operation, the medical treatment period can be appropriately extended.

3.For employees who sign a labor contract with an employer after May 1, 2002, the "Regulations of Shanghai Municipality on Labor Contracts" does not stipulate the medical treatment period, while the "Shanghai Labor Cooperation" No. 479 "Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees" stipulates that "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 employer."