How much should I be paid for sick leave, and is sick pay for sick leave

The wages during the sick leave shall be paid in accordance with the Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Employees of Enterprises issued by the Ministry of Labor, and the wages during the medical treatment period shall be paid in accordance with the Regulations on Labor and Social Security, as follows: 60% of the standard wages paid for seniority for less than 2 years; 70% for 2 years but less than 4 years; 80% for 4 years and less than 6 years; 90% for 6 years and less than 8 years; 100% for 8 years and above.

According to Article 3 of the Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees, 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 10 years, if the working experience is less than 5 years in the unit, it will be three months; 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; 12 months for between 10 and 15 years; 18 months for between 15 and 20 years; 24 months for more than 20 years.

According to the "Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees", the final sick leave pay that employees can enjoy is also different depending on the number of years of service in the unit: if they have worked for less than 2 years, they can only be calculated and paid according to 60% of the base; If you have worked for 2 to 4 years, you will be paid 70% of the base, and so on, and you will be entitled to full sick pay after 8 years of service.

Legal analysis: sick leave should be paid, and sick pay can be paid lower than the local minimum wage, but not less than 80 of the minimum wage. The specific standards for minimum wages shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government, and shall be put on record.

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 prescribed at most a few yards of dry 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 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 between 10 and 15 years; 18 months for between 15 and 20 years; 24 months for more than 20 years.

If an employee takes sick leave within the prescribed medical treatment period, the employer shall pay 100% of the employee's sick leave salary, i.e., his normal salary.

Sick leave pay is an important legal and legal right of employees, and the employer shall pay it in accordance with the law. Depending on the business and industry, the specific standard of sick pay may vary. However, regardless of the industry, employers should abide by the provisions of the Labor Law and protect the legitimate rights and interests of employees.

At the same time, during the sick leave, employees should also actively cooperate with medical personnel and strive to return to work as soon as possible. This is not only conducive to the health of employees, but also conducive to the production and operation of employers.

Measures to safeguard the legitimate rights and interests of employees:

1. Comply with relevant laws and regulations. Enterprises and employers of all kinds shall abide by the relevant national and local laws and regulations in the course of business to protect the legitimate rights and interests of employees.

2. Establish a sound internal management mechanism. Enterprises and employers shall establish a sound internal management mechanism, clarify the rights and obligations of employees, and protect the legitimate rights and interests of employees.

3. Strengthen staff training and education. Enterprises and employers shall strengthen the training and education of employees, and improve their legal awareness and awareness of the protection of legitimate rights and interests.

4. Establish a complaint handling mechanism. Enterprises and employers shall establish a sound complaint handling mechanism to handle employees' complaints and demands in a timely manner and resolve the legitimate rights and interests of employees.

If an employee takes sick or non-work-related injury for less than 6 months, the enterprise shall pay the sick leave wages according to the following standards: If the continuous service is less than 2 years, 60% of the employee's salary shall be calculated; If the employee has worked continuously for 2 years but less than 4 years, he shall be paid 70% of his salary; If the employee has worked continuously for 4 years but has been closed for 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.

Article 18 of the Detailed Rules for the Implementation of the Regulations on Labor Insurance If a worker's salary is lower than the average wage of the enterprise, when receiving relief for illness or non-work-related injury, if the amount of the relief fee is low, it shall be paid at 40% of the average salary of the enterprise, but shall not be higher than his own salary.

The salary during sick leave is divided into different units, and generally those who have worked for less than 2 years are 60% of their salary. For those who have been lenient for 2 years but less than 4 years, it is 70% of their salary; For those who have completed 4 years but less than 6 years, it is 80% of their salary; And, not less than 80% of the local minimum wage. In addition, if there are special provisions on sick leave pay in various localities, it shall be paid in accordance with local regulations.

Article 16 of the Draft Amendment to the Detailed Rules for the Implementation of the Labor Insurance Regulations If a worker or employee is sick or stopped working for a period of less than six months for continuous medical treatment due to illness or non-work-related injury, the administrative side or the employer of the enterprise shall pay the sickness and injury leave wages according to the following standards in accordance with the provisions of Paragraph B of Article 13 of the Labor Insurance Regulations: 60% of the salary of the employee who has worked in the enterprise for less than two years; For those who have completed two years but less than four years, 7% of their salary will be 10%; For those who have completed four years but less than six years, 80% of their salary; For those who have completed six years but less than eight years, 90% of their salary; For those who have completed 8 years or more, 100% of their salary will be paid.

[Legal Analysis].Sick leave According to the regulations, the amount of salary deducted for one day of sick leave = monthly salary, of which 40% is the maximum deduction ratio, and the deduction ratio of general companies is less than 40%, and some companies have a certain number of days of paid sick leave. In addition, the labor law stipulates that the daily wage after deduction shall not be less than 80% of the local minimum wage.

[Legal basis].Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Employees of Enterprises》 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 the outpatient sick car shall be open for a maximum of a few days, and a medical treatment period of three months to 24 months shall be given according to the actual number of years of work and the number of years of work in the single closed type: (1) If the actual working experience is less than 10 years, 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; 10 years, 12 months for those who have been in the first 15 years or less; 18 months for between 15 and 20 years; 24 months for more than 20 years.

Legal analysis: Sick leave according to regulations, the amount of salary deducted for one day of sick leave = monthly salary, of which 40% is the maximum deduction ratio, and the deduction ratio of general companies is less than 40%, and some companies have a certain number of days of paid sick leave. In addition, the labor law stipulates that the daily wage after deduction shall not be less 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 3 When an enterprise employee needs to stop working for medical treatment due to illness or non-work-related injury, the state stipulates that outpatient sick leave shall be opened for a maximum of a few days, and a medical treatment period of three months to 24 months shall be granted according to his actual working years and working years in the unit: (1) If the actual working experience is less than ten years, three months shall be three months if the working experience in the company is less than five years; Six months for more than five years.

2) Where the actual working experience is more than 10 years, it is six months if the working experience in the unit is less than 5 years; 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.

If an employee takes sick or non-work-related injury for less than 6 months, the enterprise shall pay the sick leave wages according to the following standards: If the continuous service is less than 2 years, 60% of the employee's salary shall be calculated; If the employee has worked continuously for 2 years but less than 4 years, he shall be paid 70% of his salary; If the employee has worked continuously for 4 years but has been closed for 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.

Article 18 of the Detailed Rules for the Implementation of the Regulations on Labor Insurance If a worker's salary is lower than the average wage of the enterprise, when receiving relief for illness or non-work-related injury, if the amount of the relief fee is low, it shall be paid at 40% of the average salary of the enterprise, but shall not be higher than his own salary.

Sick leave is paid, and if the employee takes continuous leave for less than 6 months due to illness or non-work-related injury, the enterprise shall pay the sick leave salary according to the following standards: If the continuous length of service is less than 2 years, it shall be calculated and paid at 60% of the employee's salary; If the employee has worked continuously for 2 years but less than 4 years, he shall be paid 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; If the first age of continuous work shirt is 8 years or more, it will be paid at 100% of the salary.