How should I be paid for long term sick leave under the labor law?

Again, the focus is on your city's local regulations.

Whether private or state-owned, local laws and regulations are the same, but different cities have different regulations.

For example, Shanghai: due to illness or non-work-related injury, continuous leave within 6 months:

2 years of continuous service, 60% of the employee's salary

2 years of continuous service 4 years 70% of my salary

4 years of continuous service 6 years 80 of my salary

6 years of continuous service 8 years 90% of my salary

8 years of continuous service: 100 of the employee's salary

If the company takes more than 6 consecutive months of leave due to illness or non-work-related injury, the enterprise shall pay sickness relief expenses

1 year of continuous service, 40% of the employee's salary

1 year of continuous service 3 years 50 of the employee's salary

3 years of continuous service 6 years 60 of my salary

Note: The personal salary here Take-home salary under normal circumstances 70 Legal basis: Notice of the Shanghai Municipal Labor Bureau on Strengthening the Management of Sick Leave for Employees of Enterprises and Ensuring the Life of Employees During Sick Leave "4. If an 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:

If the continuous service is less than 2 years, it will be paid at 60% of the employee's salary; If the employee has worked continuously for 2 years but less than 4 years, it shall be paid at 70% of his salary; If the employee has worked continuously for 4 years but less than 6 years, it shall be paid at 80% of his salary; If the employee has worked continuously for 6 years but less than 8 years, it shall be paid at 90% of his salary; Those who have worked continuously for 8 years or more shall be paid 100 of their salary. If an employee takes more than 6 consecutive months of leave due to illness or non-work-related injury, the enterprise shall pay the sickness relief fee, of which 40 of his or her salary shall be calculated and paid if the continuous service is less than 1 year; If the continuous service period is 1 year but less than 3 years, it will be paid according to 50% of the employee's salary; Those who have worked continuously for 3 years or more shall be paid 60% of their salary.

My salary is calculated at 70% of the employee's normal take-home salary. ”

Local regulations in other regions, even if they are not so detailed, should have similar provisions, I hope it helps.

Sickness relief payments are paid at a rate not less than 80% of the local minimum wage.

According to Article 47 of the Labor Law and Article 59 of the Opinions of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China (Lao Bu Fa No. 1995 No. 309), employees on long-term sick leave shall be paid by the enterprise for their sickness relief expenses within the specified medical treatment period, and the specific standard of sickness relief expenses shall be determined by the employer in accordance with not less than 80% of the minimum wage standard stipulated by the local government.

1. How to pay sick leave pay.

1. The principles followed by the payment of sick leave pay are as follows:

1. If there is an agreement in the labor contract, it shall be determined according to the wage standard corresponding to the position of the employee as agreed in the labor contract. Where the standard determined in the collective contract is higher than the standard agreed in the labor contract, it shall be accurately determined in accordance with the collective contract;

2. If the labor contract or collective contract is not agreed, the employer and the employee representative may determine the collective wage agreement, and the result of the negotiation shall be a collective wage agreement;

3. If there is no agreement between the employer and the employee, the calculation base of the holiday salary shall be determined by 70% of the monthly salary of the employee's normal attendance. In addition, the holiday wage base calculated according to the above three principles shall not be lower than the minimum wage standard stipulated by the city.

2. Legal basis: Article 5 of the "Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees" is broken.

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.

Second, the information that needs to be provided for sick leave.

The information that needs to be provided for sick leave is generally to provide the relevant medical records of the medical institution to the employer, inform the employer of the need to take sick leave, and apply for leave according to the procedures stipulated by the company. If a worker takes sick leave, the employee shall go to a medical institution designated by the employer in person, and after being examined by a licensed physician, if it is necessary to stop work for treatment and recuperation, the medical practitioner shall issue a sick leave note, and the employee shall go through the leave formalities in accordance with the procedures prescribed by the employer with the sick leave note.

If it is not a medical period, this is issued according to your company's own rules and regulations. However, it cannot be lower than 80% of the municipal minimum wage.

Some companies will deduct performance funds if they take sick leave.

Suppose you please 1 month. You may only pay him his base salary. Other performance bonuses are not paid.

If you take 10 days off, the basic salary is the daily wage.

Daily wage*10 days Sick pay for these 10 days.

The provisions of the Labor Law on the payment of wages during sick leave are: those who are on sick leave for less than six months shall be paid sickness and injury leave wages according to the following standards: those who have worked in the enterprise for less than two years shall be 60% of their own salary; For those who have completed two years but less than four years, 70% of their salary will be paid.

During the period of illness or non-work-related injury**, sick pay or sickness relief expenses may be paid at a rate lower than the local minimum wage, but not less than 80% of the minimum wage. Tuansun.

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 fee in accordance with the relevant regulations within the prescribed medical treatment period, and the sick leave pay or sickness relief fee may be paid lower than the local minimum wage standard, but shall not be lower than 80% of the minimum wage standard.

Article 4 of the Notice of the Ministry of Labor on Issuing the Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Employees of Enterprises.

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; Twenty-four months shall be calculated based on the cumulative sick leave time in the 30-month collapse chain.

Article 4 If an employee is sick and suspends 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 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 percent of their salary. Enterprises with good economic benefits can be raised on the basis of the above standards5. 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 float generally does not exceed 5 of the standards of each grade. If the situation is more than 5, it should be reported to the district and county (autonomous county, city) labor and social security Article 5 of the employee is sick, and the medical treatment period is suspended for more than 6 months, and the sick leave pay shall be calculated and paid according to the following methods:

1) If the shirt has worked for less than 10 years, it shall be paid 60% of the employee's salary;

2) If the continuous service has been completed for 10 years but less than 20 years, 65 of the salary shall be paid to the jujube eye;

3) Those who have worked continuously for 20 years or more shall be paid 70% of their salary. Article 6 Workers who were formerly national model workers, provincial (ministerial) level model workers, and those who have been awarded combat heroes or who have been awarded first-class meritorious service and have always maintained their honors shall be paid their wages during the period of sick leave. Article 7 When an employee is sick and suspends work during the medical treatment period, the monthly sick leave salary shall not be lower than 80 percent of the local minimum wage.

Article 8 If an employee is ill and is unable to resume work after the expiration of the medical treatment period or after the medical treatment period is completed, and the labor appraisal committee at or above the county level appraisals that he or she is completely incapacitated for work, he shall be retired, retired, or dealt with 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 commits fraud and gives false certificates of sick leave shall be dealt with as absenteeism once it is verified. Article 10 These provisions shall be interpreted by the municipal labor and social security administrative departments.

This is for the payment of sick leave pay under the Labor Law.

The calculation of sick leave pay for an employee's illness or non-work-related injury is calculated by dividing the base number by the number of monthly pay days, and after obtaining a number, multiply it by the calculation factor, and then multiply it by the number of sick days. Sick leave pay for work-related injuries is the original salary. During the period of suspension of work, the original salary and benefits remain unchanged and shall be paid by the employer on a monthly basis.

After the work-related injury is assessed, the original benefits shall be suspended and the employees shall enjoy the disability benefits. According to the provisions of relevant laws, 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 Hu Chongfan shall be paid by his 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 employee shall be sentenced to suspend the original benefit and enjoy the disability treatment 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.

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 suspend work to receive medical treatment for work-related injury, 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.

Circular of the Ministry of Labor on Printing and Distributing the "Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China"59 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 pay or sickness relief expenses may be paid lower than the local minimum wage standard, but not less than 80 percent of the minimum wage standard. Article 4 of the Labor Contract Law stipulates that an employer shall establish and improve labor rules and regulations in accordance with the law to ensure that employees enjoy labor rights and fulfill labor obligations. When formulating, revising or deciding on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, employee training, labor discipline and labor quota management, the employer shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing.

In the process of implementing the rules and regulations and decisions on major matters, if the work is considered inappropriate by the morning meeting or the worker, he or she has the right to propose it to the employer and revise and improve it through consultation. The employer shall publicize or inform the employee of the rules and regulations and decisions on major matters that directly affect the vital interests of the employee.

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 provisions within 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 not less than 80 of the minimum wage standard. Article 4 of the Notice of the Ministry of Labor on Issuing the Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Employees of Enterprises: If the medical treatment period is three months, the cumulative 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.