Work related injury leave, personal leave, bereavement leave with or without holidays? 10

Work-related injury leave (including holidays).

According to the Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Employees of Enterprises (Lao Bu Fa [1994] No. 479) and other relevant regulations, the sick leave leave of sick or non-work-related injured employees shall be given a medical treatment period of three months to 24 months according to their actual working years and working years 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 between 10 and 15 years; 18 months for between 15 and 20 years; 24 months for more than 20 years.

The medical treatment period refers to the time limit during which an employee of an enterprise shall not terminate the labor contract when the employee stops working for treatment due to illness or non-work-related injury, that is, the sick leave for the sick or non-work-related employee.

Personal leave (excluding holidays).

Employees who need to take leave for personal or family reasons can take personal leave, which is unpaid leave, and personal leave is calculated in days or hours.

The salary deduction standard for each day of personal leave of the employee is: monthly basic salary days; The salary deduction standard for each hour of personal leave is 8 hours per month basic salary.

Bereavement leave (excluding holidays).

On June 1, 1959, the former Ministry of Labor issued the (59) Zhong Lao Xin Zi No. 67 "Notice", which stipulates that if the employees of an enterprise take marriage and funeral leave within three working days, their wages shall be paid as they are.

It is not included in the law, but enterprises can have provisions on the basis of the law to formulate more generous holidays.

During sick leave, marriage leave, maternity leave, and bereavement leave, if there is a statutory holiday or public holiday, the vacation time will not be increased.

Legal analysis: work-related injury leave is not sick leave, and the leave shall be certified in writing by the ** work-related injury medical institution. Employees who are injured in accidents or suffer from occupational diseases due to work are entitled to medical treatment for work-related injuries.

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, but the extension shall not exceed 12 months.

If an employee is sick and hospitalized and wants to ask for leave, the hospital must issue a sick leave certificate, and during the sick leave, the salary will not be paid according to the original standard.

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 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 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.

The key to whether an overtime injury on a holiday can be recognized as a work-related injury lies in whether it is caused by work. If overtime work on holidays is injured in an accident due to work-related reasons, it shall be recognized as a work-related injury. Working during holidays is a work-related injury caused by an accident during working hours and in the workplace.

Legal basis: Article 14 of the Regulations on Work-related Injury Insurance.

If an employee has any of the following circumstances, Lingzhi shall be recognized as a work-related injury:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Being injured in a motor vehicle accident while commuting to or from work;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

1. What is the process for making a decision on work-related injuries?

1. The administrative department of labor and social security shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury determination. Determination decisions include the determination of work-related injuries or deemed work-related injuries and the determination of non-work-related injuries or non-work-related injuries.

2. After accepting the application for recognition of work-related injury, the administrative department of labor and social security may investigate and verify the evidence provided as needed, and the relevant units and individuals shall provide assistance. Employers, medical establishments, relevant departments, and trade union organizations shall be responsible for arranging for relevant personnel to cooperate with the work, and provide relevant information and supporting materials based on the facts.

3. If the employee or his immediate family members believe that it is a work-related injury, but the employer does not consider it to be a work-related injury, the employer shall bear the burden of proof. If it is necessary for the employer to submit relevant evidence materials, it shall prepare a Notice of Presentation of Evidence within the Time Limit for Determination of Work-related Injury and send it to the relevant employer.

4. After receiving the Notice of Presentation of Evidence within the Time Limit for Determination of Work-related Injury, the employer shall submit relevant evidence (including the unit's opinions, physical evidence, witness testimony and other supporting materials on the accident) in a timely manner.

If the employer refuses to accept the Notice of Presentation of Evidence within the Time Limit for Determination of Work-related Injury or refuses to provide evidence beyond the prescribed time limit, the administrative department for labor and social security may make a conclusion on the determination of work-related injury based on the evidence provided by the injured employee.

5. For work-related injury determination cases with sufficient materials and clear facts, make a determination conclusion and issue a "Work-related Injury Determination Decision".

Legal analysis: According to the provisions of the Labor Law, employees should pay work-related injury allowances in accordance with the standard during work-related injuries, instead of enjoying statutory holidays. Even if the period of work-related injury falls on a statutory holiday, the employee is still not entitled to the corresponding leave.

Legal basis:1Article 46 of the Labor Law of the People's Republic of China stipulates that "the employer shall be responsible for paying the medical expenses, hospital meal expenses, direct economic losses and work-related injury allowances caused by work-related injuries." ”

2.Article 18 of the Regulations of the People's Republic of China on Work-related Injury Insurance stipulates that: "During the work-related injury period, if the insured needs to recuperate due to illness and be sent to recuperate, he shall be given a work-related injury allowance.

The time of payment of work-related injury allowance shall be calculated from the date of occurrence of the work-related injury. Paid monthly. During the period, there is no restriction on the work-related injury person visiting his or her family or the separation of flesh and blood, and he does not enjoy the statutory envy of this holiday.

Therefore, during the period of work-related injury, the employer shall not enjoy the leave of statutory holidays, but shall enjoy the work-related injury allowance in accordance with the regulations, and the employer shall pay the work-related injury allowance in a standardized manner.

Legal analysis: Bereavement leave does not include holidays and weeks.

6. Sunday. That is to say, if the company approves three days of bereavement leave for employees, then add one week.

6. On Sunday, you can rest for five days.

Legal basis: Provisions on the Issues of Marriage and Funeral Leave and Travel Leave for Employees of State-owned Enterprises》 When the immediate family members of employees of state-owned enterprises die, the enterprise shall grant the employees 1-3 days of bereavement leave according to the specific circumstances. Immediate family members include false parents, spouses, and children.

If the immediate family members of the deceased employee are in other places and it is necessary for the employees to go to other places to take care of the funeral, the enterprise should give the employees travel leave according to the distance traveled. During the period when employees return to take bereavement leave and travel leave, the enterprise shall pay the wages of the employees as usual. The transportation and ferry expenses of the employees on the way shall be borne by the employees themselves.

Legal analysis: 3 days of bereavement leave for immediate family members (parents, children, spouses), including 1 day for non-immediate family members (grandparents, maternal grandparents, etc.) on weekends, including weekends.

Legal basis: Labor Law of the People's Republic of China Article 40 The employer shall arrange leave for employees during the following festivals in accordance with the law: (1) Yuan Chun Na Hua Dan; (2) Spring Festival; (3) International Labor Day; (4) National Day; (5) Laws and regulations provide for their vacation holidays.