What to pay attention to when taking sick leave, and what to need to take sick leave

If a worker takes sick leave, the employee shall go to the medical institution designated by the employer in person, and if it is necessary to stop work for recuperation after being examined by a licensed physician, the medical practitioner shall issue a sick leave note, and the employee shall go through the leave application procedures in accordance with the procedures prescribed by the employer with the sick leave note. However, if it is an emergency, you can be admitted to the nearest hospital, ask for leave verbally, and even go through the procedures afterwards.

Medical Practitioners Act

Article 23: Physicians carrying out medical, preventive, and health care measures, and signing relevant medical certificates, must personally conduct examinations and investigations, and fill out medical documents in a timely manner in accordance with regulations, and must not conceal, forge, or destroy medical documents and related materials.

Ministry of Labor, Economic Office, Ministry of Health, State Administration for Industry and Commerce, All-China Federation of Trade Unions.

Notice on Strengthening the Management of Employees on Long-term Leave of Injury and Illness in Enterprises

Labor Insurance 1992 No. 14.

Second, it is necessary to uphold and improve the system of leave and resumption of work for injured and sick employees of enterprises. If an employee needs to take leave due to injury or illness, he or she shall present the disease diagnosis certificate issued by the enterprise's medical institution or designated hospital, which shall be reviewed and approved by the enterprise. If an injured or sick employee needs to be transferred to a long-term leave, the labor appraisal committee (group) of the enterprise shall make an appraisal according to the disease diagnosis certificate issued by the enterprise's medical institution or designated hospital, and shall be approved by the enterprise's administration.

The reason is the most important thing, and you can get it if you have enough of it.

What should an employee do if he keeps taking sick leave?

Legal Analysis: The law does not explicitly require a hospital certificate for sick leave. However, in practice, in order to take paid sick leave, and in order to avoid the abuse of paid sick leave, it is usually necessary to provide some proof according to the specific situation of the employer

1. Sick leave certificate issued by the hospital. The certificate must be signed by the attending doctor and stamped with the official seal of the hospital to be valid; 2. Leave slip. or other similar proof within the employer.

Employees who take sick leave at work generally cannot deduct their wages. When an employee takes sick leave, the employer shall determine the employee's salary standard for sick leave at between 60% and 100% of the employee's salary for normal working hours, and shall not be lower than 80% of the local minimum wage.

Legal basis: Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees Article 5 During the medical treatment period, the sick leave pay, sickness relief expenses and medical treatment of the employees of the enterprise shall be implemented in accordance with the relevant regulations.

Legal analysis: Written according to the regulations of the unit and attached with the sick certificate. 1. During hospitalization, you can take sick leave according to the discharge summary or the certificate of the hospital.

2. After the hospitalization, according to the illness certificate issued by the hospital, how much time it is recommended to rest, and ask for sick leave according to the time on the illness certificate. 3. Leave and rest without a certificate from the hospital cannot be counted as sick leave.

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, 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, three months if the actual working experience is less than five 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.

Generally, the relevant medical records of the medical institution are provided to the employer, and the employer is informed that sick leave is required, and the leave can be requested according to the procedures stipulated by the company.

If an employee takes sick leave, he or she shall go to a medical institution designated by the employer in person, and if he needs to stop work for recuperation after being examined by a licensed physician, the medical practitioner shall issue a sick leave note, and the employee shall go through the leave application procedures in accordance with the procedures prescribed by the employer with the sick leave note. However, if it is an emergency, it can be admitted to the nearest hospital, ask for leave verbally, and go through the formalities afterwards.

Article 4 of the Medical Treatment Period for Employees Sick or Non-work-related Injuries: If an employee is sick and suspended from work within 6 months during the medical 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.

The following documents are required to apply for sick leave: sick leave certificate or hospitalization certificate issued by a regular medical institution; Records of medical treatment and excavation, ** single; and sick leave slips for employees, etc. At the request of the employee, the enterprise may grant the employee sick leave in accordance with the law and pay him sick leave pay.

[Legal basis].Article 4 of the Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees.

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.

Article 6. If an employee of an enterprise is disabled not due to work and has been determined by a doctor or medical institution to have a disease that is difficult to achieve, and the medical treatment is terminated during the medical treatment period, and he or she cannot engage in the work arranged by the employer, the labor relationship shall be terminated, and the retirement and retirement procedures shall be completed, and the employee shall enjoy retirement and retirement benefits; If the employee is assigned to a grade 5 to 10, the labor contract shall not be terminated during the medical treatment period.

Reason for leave: personal leave, sick leave, annual leave, illness of family members, bereavement leave.

1. Personal leave

In the same way, whether it is a student or an office worker, you can take personal leave. As a student, if you have a major event at home or an emergency, you can ask the teacher for personal leave. If office workers have something, they can also take personal leave, but many units stipulate that personal leave is generally unpaid personal leave.

Once you take personal leave, it means that you have no salary.

2. Sick leave

Generally speaking, it is more difficult to convince the public with a fever, because you can see some clues, and it is more difficult to pretend because of the temperature. The more reliable ones can be said to be dizzy, sore throat, pretending to have cold symptoms, lying on the table from time to time, so uncomfortable, the boss can't bear it, and he can't continue to work in this state. Stomach pain, diarrhea, and stomach pain are more reliable, as long as you hold your stomach and pretend to be uncomfortable.

3. Annual leave

According to the provisions of the law, annual leave is a paid holiday, annual leave is a fluctuating with the length of service, every year, a short year of 5 days, a long year has 15 days, in order to contribute to the unit, but also to give their own body a rest time.

4. Family members are sick

It can be said that the older people or young children are sick, fainted, fell down, etc., and if they have a wife and the wife is pregnant, it can be said that the wife has a stomachache, and that there is no other person in the family to accompany the doctor, and they need to accompany the doctor in person, which is more convincing.

5. Bereavement leave

Human beings have birth, old age, sickness and death, and according to the development of natural laws, birth, old age, sickness and death are also normal. Whether you are a student or a professional, you can take a leave of absence on the grounds that a loved one in your family has died. The next of kin here refers to the immediate family members.

For the workplace, it is generally the parents, children, spouses, etc. who have passed away, so they can ask for bereavement leave, of course, the unit is different, and the benefits may be different, for example, some units allow parents-in-law or in-laws to pass away can also ask for bereavement leave, but the number of days is less. Bereavement leave is also paid leave, which is also a right that employees should enjoy.

Legal Analysis: The condition for taking sick leave is that you have a certain illness and there is no other reason. If an employee takes sick leave, he or she shall provide the relevant medical records of the medical institution to the employer, and apply for leave according to the procedures stipulated by the company.

The specific sick leave time shall be determined according to the recommended rest and recuperation time of the medical institution, as well as the actual working years of the employee himself and the working years of the employee. During the period of sick leave, the salary, medical expenses and medical treatment of employees shall be implemented in accordance with the regulations. Employees who take long-term sick leave should maintain an employment relationship with their original employer.

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 number of years of work and working 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 those between 10 and 15 years; 18 months for between 15 and 20 years; 24 months for more than 20 years.