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Paid annual leave for work-related injuries.
According to Article 6 of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises issued by the Ministry of Human Resources and Social Security, employees who are injured at work enjoy the benefits of the suspension period without pay, which does not affect the annual leave, and shall enjoy the annual leave treatment.
Ministry of Human Resources and Social Security.
Measures for the Implementation of Paid Annual Leave for Employees of Enterprises".
Article 6 The family leave, marriage and funeral leave, maternity leave and other holidays prescribed by the state enjoyed by employees in accordance with the law, as well as the period of suspension of work and salary due to work-related injuries, shall not be included in the annual leave.
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Of course, there is paid leave, because work-related injuries do not conflict with paid annual leave, and they are both benefits that are expressly stipulated by law.
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If an employee is injured in an accident or suffers from an occupational disease due to 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 employee is assessed, the original benefit shall be suspended, and the employee shall enjoy the disability treatment in accordance with the relevant regulations. 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.
In addition, if the injured employee has been assessed for disability and confirmed by the Labor Ability Appraisal Committee to be in need of life care, the living care expenses shall be paid on a monthly basis from the work-related injury insurance**. The living care expenses are paid according to three different levels: completely unable to take care of themselves, most of them unable to take care of themselves, or part of their lives cannot take care of themselves, and the standards are respectively % or 30% of the average monthly salary of employees in the overall planning area in the previous year
The living and nursing expenses shall be adjusted by the social insurance administrative department of the overall area in a timely manner according to the changes in the average salary of employees and the cost of living. The adjustment measures shall be formulated by the people of provinces, autonomous regions, and municipalities directly under the Central Government.
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Is sick leave a paid time off?
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Legal Analysis: Paid leave is available for work-related injuries. The period of suspension of work with pay shall be determined for work-related injury benefits, which shall generally be issued by the work-related injury medical institution and confirmed by the Labor Ability Appraisal Committee.
During the period of suspension of work with pay, the original salary and benefits shall remain unchanged and shall be paid by the employer on a monthly basis. If the injury is serious or the situation is special, the period of paid leave may be appropriately extended after confirmation by the Labor Ability Appraisal Committee, but the maximum period shall not exceed 12 months. In addition, if the injured employee still needs to be ** after the expiration of the suspension period, he or she will continue to enjoy the medical treatment of the work-related injury.
Legal basis: Regulations of the People's Republic of China on Work-related Injury Insurance Article 31 If 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.
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1. Paid leave for work-related injuries. During the period of suspension of work, the original salary and benefits remain unchanged, and the unit shall pay them on a monthly basis.
2. The period of suspension of work with pay does not affect the annual leave with rolling pay, and you can enjoy paid annual leave after the expiration of the period of suspension with pay. The family leave, marriage and funeral leave, maternity leave and other holidays stipulated by the state, as well as the period of suspension of work and salary due to work-related injuries, shall not be included in the annual leave.
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