Does sick leave affect wage adjustment during the statutory medical treatment period? Is there a leg

1. The increase in wages is the independent decision of the unit, and there is no legal provision.

2. There are statutory reductions in wages

Article 59 of the Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China (Lao Bu 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 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

3. Wages are prescribed as usual

Regulations on Work-related Injury Insurance

Article 33 Where an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer 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 upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits 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.

Generally speaking, employees take sick leave, affecting attendance, the contribution to the enterprise is relatively small, beyond the prescribed number of sick days, is affected by the capital transfer, as for how many days affect the capital adjustment, all by the enterprise itself, the state for the capital adjustment, there is no specific policy

1. During the period of illness or non-work-related injury, the enterprise shall pay the sick leave pay or sickness relief deferred pay in accordance with the relevant regulations within the specified medical treatment period, and the sick leave pay or sickness relief fee can be paid lower than the local minimum wage standard, but not less than 80% of the minimum wage standard. 2. 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 lactation. The term of the employment contract shall automatically extend until the expiration of the period of medical treatment, pregnancy, maternity and lactation.

3. 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; If the employee is still unable to engage in the original job or the 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 criteria for the evaluation and guessing of 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. 4. The "minimum wage" in Article 48 of the Labor Law refers to the minimum labor remuneration paid by the employer on the premise that the worker has fulfilled his normal labor obligations within the statutory working hours.

The minimum wage does not include wages and remuneration for extended working hours, housing and food subsidies paid by employers in monetary terms, allowances for special working environments and working conditions such as medium shifts, night shifts, high temperatures, low temperatures, underground, toxic and harmful, and social insurance benefits stipulated by national laws, regulations and rules. 5. If a worker is sick or injured not due to work, and the labor appraisal committee confirms that he is unable to perform his original job or perform the work arranged by the employer and terminates the labor contract, the employer shall pay him an economic compensation equivalent to one month's salary for each full year of his or her service 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.

Since the injury is not caused by work, in fact, the employer itself does not need to bear any responsibility for the employee's situation, and the employer is required by law to pay a certain amount of sick leave benefits, which also takes into account that the employee belongs to a vulnerable group. Moreover, in order to prevent employers from arbitrarily dismissing employees who are not injured at work, resulting in a large-scale unemployment rate, the treatment during the period of non-work-related injuries is from an overall perspective, in order to prevent the occurrence of some social unrest.

1. Is there any pay for sick leave under the labor law?

Sick pay is not explicitly provided for in the Labor Code. The following are the provisions on wages in the Labor Code:

Article 46 of the Labor Law stipulates that the distribution of wages shall follow the principle of distribution according to work, and equal pay for equal work shall be implemented.

On the basis of economic development, the wage level has gradually risen to an extremely high level. The state implements macroeconomic regulation and control over the total amount of wages.

Article 47 An employer shall, in accordance with the characteristics of its production and operation and its economic efficiency, independently determine the wage distribution method and wage level of its unit in accordance with the method of liquid sparrows.

Article 48 The State implements a minimum wage guarantee system. The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record.

The wages paid by the employer to the employee shall not be lower than the local minimum wage.

1) The minimum cost of living for the worker and the average dependent population;

2) The average level of social wages;

c) Labor productivity;

4) Employment status;

5) Differences in the level of economic development between regions.

2. The standard of payment of sick leave wages by enterprises.

1) If the employee takes sick or non-work-related injury for less than 6 consecutive months, the enterprise shall pay the sick leave salary according to the following 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 salary.

3. If the employee has worked continuously for 4 years but less than 6 years, it will be paid according to 80% of his 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.

2) If the employee is sick or not injured due to work-related injury for more than 6 consecutive months, the enterprise shall pay the relief fee for sickness and hardship

1. If the continuous service period is less than 1 year, it will be calculated and paid at 40% of the employee's salary.

2. If the continuous service is more than 1 year but less than 3 years, it will be calculated and paid according to 50% of the salary.

3. Those who have worked continuously for 3 years or more will be paid 60% of their salary.

The amount of sick pay can be calculated after the calculation base and calculation factor of sick leave pay are determined. Sick pay = (calculation base calculation coefficient number of sick days.

3. Determination of the number of sick days.

The number of sick or non-work-related injury days shall be calculated according to the actual number of vacation days, and those that include rest days and holidays during the continuous leave period shall be excluded. The concept of pay day mentioned in the above formula refers to the system working days and statutory holidays stipulated by the state.

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 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.

Salary and treatment during sick leave: 1. Regulations on the deduction of wages during sick leave (1) If the sick leave is less than two months, the fixed salary shall be paid in full. (2) If the sick leave exceeds two months but is less than six months, from the third month, if the working period is less than 10 years, the fixed salary shall be calculated at 90 yuan; If the working period is more than 10 years, the fixed salary part shall be paid in full.

3) If the leave exceeds six months, from the seventh month, if the working experience is less than ten years, the fixed salary will be paid at 70; If the working life is more than 10 years, the fixed salary will be calculated and paid at 80%. (4) During the sick leave period of the above-mentioned personnel, how to pay allowances and bonuses (i.e., the part of live wages) shall be implemented by the unit in accordance with the relevant provisions of the unit. However, if the leave is more than two months but less than six months, if the allowance is to be paid, the maximum shall not exceed 80 of the proportion prescribed by the state; For sick leave of six months or more, the maximum shall not exceed 70 of the proportion prescribed by the state.

5) During the sick leave period, the provincial and municipal job allowance shall be paid together with the basic salary (fixed part) according to the proportion of sick leave. (6) During the period of sick leave, the staff shall have a certificate from the medical institution and be approved by the competent leading authority. (7) College graduates take maternity leave and sick leave during the probationary period, and the probationary period shall be extended accordingly.

8) Model workers at or above the provincial level, who maintain honor, can increase sick leave pay by 10%-15%. 9) Sick leave includes public holidays and statutory holidays. (10) Sick leave of more than six months shall not be counted as length of service.

Guo Fa [1981] No. 52 The above is about the salary and treatment during sick leave.

Article 4 of the Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Employees of Enterprises shall be calculated as the cumulative sick leave time within six months if the medical treatment period is three months; 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 cumulative sick leave time within 18 months; 18 months shall be calculated based on the accumulated sick leave time within 24 months; If you do morning leave for 24 months, it will be calculated as the accumulated sick leave time within 30 months.

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 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. According to the Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Employees of Enterprises, 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. During the prescribed period of medical treatment, the enterprise shall pay sick leave pay or sickness relief expenses in accordance with relevant regulations, and 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.

Related content: Provisions on the Medical Treatment Period for Sick Employees The medical treatment period refers to the time limit within which an employee of an enterprise shall not terminate his or her labor contract due to illness or non-work-related injury, stop working, receive medical treatment, and rest. 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 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 years are more than 10 years, the working years are less than 5 years in the unit, and 6 months are those who have worked in the unit for less than 5 years; 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; Those who are more than 20 years old will be attacked for 4 months in 20 rounds. 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.