What are the national regulations on the treatment of the period of leave without pay?

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.

Legal analysis: The period of suspension of work with pay is not determined by a one-handed sedan position. Instead, the ** work-related injury agency that signed the service agreement will put forward its opinions, issue relevant certificates, and be confirmed by the social insurance agency.

The employee's salary and benefits during the period of leave without pay will not change, and will still be calculated according to the normal working hours.

Legal basis: Article 33 of the Regulations on Work-related Injury Insurance If an employee is injured in an accident or suffers from an occupational disease due to work and needs to temporarily suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, 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 to take care of the potato wheel during the period of suspension of work with pay, the unit to which he belongs shall be responsible.

Article 33 of the Regulations on Work-related Injury Insurance stipulates that 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.

"Wages and benefits" should be the total salary plus benefits. In trial practice, determinations should be made on the basis of the specific circumstances:

First, with regard to the determination of wages, if a person has worked for the employer for 12 months before the work-related injury, the original wage standard shall be calculated according to the average monthly wage (including basic salary, bonus, allowance and overtime wage) paid in the 12 months prior to the work-related injury; If the employee has worked for the employer for less than 12 months before the work-related injury, the original wage standard shall be calculated according to the average monthly wage of the actual number of months worked before the work-related injury. If the employee has worked for less than one month before the work-related injury, that is, the wages have not yet been paid, the original wage standard is generally calculated according to the monthly wage agreed in the contract. or positive leakage.

Second, on the issue of the recognition of welfare, welfare does not belong to the scope of wages: for example, the social insurance and welfare expenses paid by the employer to the individual worker are destroyed, the subsidy for living difficulties, the family planning subsidy, etc., and also includes the housing provident fund, lunch subsidy, etc., and the social insurance benefits stipulated by national laws, regulations, rules, etc.

How to determine the wages of injured workers.

Article 61 of the Regulations on Work-related Injury Insurance stipulates that personal wages refer to the average monthly wages paid by injured employees in the 12 months prior to the injury caused by accidents or occupational diseases due to work. According to the current policy, the paid wages are the wages that are included in the total wage statistics according to the provisions of the national statistical department.

If there is a discrepancy between the paid wages and the actual wages, the employer and the injured employee shall settle the work-related injury benefits based on the actual wages. According to Article 10 of the Regulations on Work-related Injury Insurance, an employer shall pay work-related injury insurance premiums on time, and the amount of work-related injury insurance premiums paid by the employer shall be the product of the total wages of its employees multiplied by the employer's contribution rate. If the employer pays work-related injury insurance premiums in accordance with the law, the employee's contribution salary should be consistent with the actual salary.

However, in practice, some employers do not truthfully declare the total amount of wages in the process of paying work-related injury insurance premiums, but pay work-related injury insurance premiums according to the local minimum wage standard or the basic salary part of their own wage items, resulting in a discrepancy between the paid wages and the actual wages of the employees.

At the same time, Article 61 of the Regulations on Work-related Injury Insurance stipulates that "the total amount of wages referred to in these Regulations refers to the total amount of labor remuneration paid directly by an employer to all employees of the employer." It can be seen that the total salary is the total amount of labor remuneration paid directly by the employer to all employees of the unit.