How to calculate and deduct the comprehensive sick leave salary

Article 1. In order to ensure the basic life of employees during the medical treatment period of illness (including non-work-related injuries, the same below), these provisions are formulated in accordance with the "Labor Law of the People's Republic of China" and relevant national regulations and policies, combined with the actual situation of the city.

Article 2. These Provisions apply to all enterprises within the administrative area of the Municipality and to workers (hereinafter referred to as "employees") who have formed labor relations with them.

Article 3. Employees who are sick and suspended from work** shall be subject to a medical treatment period system. The medical treatment period shall be implemented in accordance with the Regulations on the Medical Treatment Period for Employees Injured Due to Illness or Non-work-related Injuries of the former Ministry of Labor of the People's Republic of China (issued by the Ministry of Labor [1994] No. 479).

Article 4. If an employee is sick and has been suspended from work within 6 months during the medical treatment period, his sick leave pay shall be calculated and paid according to the following methods:

1) If the continuous service period is less than 10 years, it shall be paid at 70% of the employee's salary;

2) If the employee has worked continuously for 10 years but less than 20 years, he shall be paid 80% of his salary;

3) If the employee has worked continuously for 20 years but less than 30 years, he shall be paid 90% of his salary;

4) Those who have worked continuously for 30 years or more shall be paid 95% of their salary.

Enterprises with good economic benefits can increase by 5% on the basis of the above standards. Enterprises with poor economic efficiency and difficulty in meeting the above standards may be appropriately lowered after being deliberated and approved by the workers' congress or workers' congress of the enterprise. The proportion of downward movement generally does not exceed 5% of the standards of each grade.

If the situation exceeds 5% in special circumstances, it shall be reported to the labor and social security administrative department of the district and county (autonomous county, city) for approval.

Article 5. If an employee is sick and has been suspended from work for more than 6 months during the medical treatment period, his sick leave pay shall be calculated and paid according to the following methods:

1) If the continuous service is less than 10 years, it shall be paid at 60% of the employee's salary;

2) If the employee has worked continuously for 10 years but less than 20 years, he shall be paid 65% of his salary;

3) Those who have worked continuously for 20 years or more shall be paid 70% of their salary.

Article 6. Employees who were originally national model workers, provincial (ministerial) level model workers, and those who have been awarded combat heroes or have been awarded first-class meritorious service and have maintained their honors by units at or above the army level shall be paid their wages during sick leave.

Article 7. If an employee is sick and is suspended from work during the medical treatment period, the monthly sick leave pay shall not be less than 80% of the local minimum wage.

Article 8. If an employee is sick and cannot resume work after the expiration of the medical treatment period or after the end of the medical treatment period, and is found to be completely incapacitated by the labor appraisal committee at or above the county level, he shall be retired, retired or disposed of at one time in accordance with the relevant regulations; In the case of a majority or partial loss of working capacity, the enterprise may terminate the labor contract after the expiration of the medical treatment period and pay severance and medical subsidies in accordance with relevant regulations.

Article 9. Anyone who falsifies and gives a false certificate of sick leave will be treated as absenteeism once it is verified.

Article 10. These provisions shall be interpreted by the municipal labor and social security administrative department.

Half of your salary will be deducted, but only if you have a sick leave certificate (from a Level 3 hospital).

Legal analysis: Sick leave salary deduction reference: If the employee is sick and the work is suspended within 6 months during the medical period, the sick leave salary shall be calculated and paid according to the following methods:

1) If the continuous service period is less than 10 years, it shall be paid at 70% of the employee's salary;

2) If the employee has worked continuously for 10 years but less than 20 years, he shall be paid 80% of his salary;

3) If the employee has worked continuously for 20 years but less than 30 years, he shall be paid 90% of his salary;

4) If the slag has been working for 30 years or more, it shall be paid at 95% of the salary.

Legal basis: Provisions on the Medical Treatment Period for Employees of Enterprises Suffering from Illness 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, the State stipulates that outpatient sick leave shall be held for a maximum of a few days, and a medical treatment period of three months to 24 months shall be granted according to the actual number of years of work and the number of years of work in the unit: (1) if the actual working experience is less than 10 years, and if the actual working experience is less than 5 years, it shall be three months; 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.

Legal Analysis: Sick pay shall not be lower than the local minimum wage. 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 during 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.

Legal basis: Article 48 of the Labor Law of the People's Republic of China.

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.

Article 27 of the Regulations on Payment of Wages in Jiangsu Province.

If a worker ceases working due to illness or non-work-related injury, and the employee is within the period of medical treatment prescribed by the state, the employer shall pay sick leave pay or sickness relief to the employee in accordance with the provisions of the wage distribution system, the provisions of the labor contract, the collective contract or the relevant provisions of the state.

Sick leave pay and sickness relief expenses shall not be less than 80% of the local minimum wage. Where the state has other provisions, follow those provisions.

Legal analysis: If an employee of the company takes sick leave, according to the provisions of the law, the company not only cannot deduct his salary, but also needs to pay him a certain amount of sick leave salary in accordance with the relevant regulations. The employer shall pay the employee sick leave pay at a rate not less than 60% of the employee's standard salary, but not less than 80% of the minimum basic wage.

Standard pay and base pay are two different concepts. The standard salary includes many salary items, such as bonuses, job subsidies, etc. The Orange State does not include the basic salary, which is only the salary for normal working hours.

Legal basis: Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees 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: if the actual working experience is less than ten years, three months if the actual working experience is less than five years; 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; those between 10 and 15 years are twelve full moons; 18 months for between 15 and 20 years; 24 months for more than 20 years.