How to pay sick leave and how to pay during sick leave

In fact, the calculation standard of sick leave pay still depends on the length of your sick leave, and the enterprise should pay sick leave pay according to the following standards:

1. Sick leave pay (also known as sick leave pay) for employees who have been sick for less than six months :(1) If the employee has worked continuously for less than two years, the sick leave pay shall be 60% of the above-mentioned calculation base; (2) For those who have worked continuously for two years but less than four years, the sick leave pay shall be 70% of the aforesaid calculation base; (3) For those who have worked continuously for four years but less than six years, the sick leave pay shall be 80% of the aforesaid calculation base; (4) For those who have worked continuously for six years but less than eight years, the sick leave pay shall be 90% of the aforesaid calculation base; (5) For those who have worked continuously for eight years or more, the sick leave pay shall be 100% of the above-mentioned calculation base.

2. Sick leave pay (also known as sickness relief expenses) for employees who have been sick for more than six months :(1) If they have worked continuously for less than one year, the sickness relief allowance shall be 40% of the above-mentioned calculation base; (2) For those who have worked continuously for one year but less than three years, 50% of the aforesaid calculation base of sickness relief expenses; (3) For those who have worked continuously for three years or more, 60% of the aforesaid calculation base of sickness relief expenses.

Sick leave is deducted for one day.

The state has corresponding regulations on the calculation of various holiday wages for employees:

1. 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.

2. Personal leave is in accordance with the regulations, and the amount of wages deducted for one day of personal leave = monthly salary is the number of monthly salary days stipulated in the labor law. Monthly payroll days (365 days-104 days) 12 days.

3. Annual leave and other paid leave stipulated by the state, marriage leave, bereavement leave and other legal holidays shall not be deducted from the wages of employees.

Principles for calculating sick pay.

The calculation base of holiday pay shall be determined according to the following principles: (1) If there is an agreement in the labor contract, it shall be determined according to the wage standard corresponding to the position (position) of the employee as agreed in the labor contract. Where the standard determined in the collective contract (collective wage agreement) is higher than the standard agreed in the labor contract, it shall be determined in accordance with the standard of the collective contract (collective wage agreement).

2) If there is no stipulation in the labor contract or collective contract, the employer and the employee representatives may determine the wage through collective negotiation, 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 pay shall be determined by 70% of the monthly salary of the employee's normal attendance at the post (position). The holiday wage base calculated according to the above principles shall not be lower than the minimum wage standard stipulated by the city.

Where laws and regulations provide otherwise, follow those provisions.

Calculation of working hours and wages.

1) Calculation of system working hours; Annual working days: 365 days - 104 days (rest days) - 11 days (statutory holidays) = 250 days; Quarterly working days: 250 days 4 quarters = days quarters; Monthly working days: 250 days December = days and months.

Generally, the basic salary shall be paid in accordance with the provisions of the Labor Law.

Legal analysis: If the sick leave is less than six months, the salary is 60% to 100% of the person's salary; For more than six months, the salary is 40% to 60% of the person's salary.

Legal basis: Article 13 of the Regulations of the People's Republic of China on Labor Insurance stipulates that the treatment of illness, non-work-related injury and disability: A. When a worker or employee is sick or injured non-work-related and treats in the enterprise's medical center, hospital, special hospital or special Chinese and Western physicians, the required diagnosis and treatment fees, surgical fees, hospitalization fees and general medicine expenses shall be borne by the administrative side of the enterprise or the employer; The cost of expensive medicine, hospitalization meals and travel expenses for medical treatment shall be borne by the person, and if the financial situation of the person is really difficult, he may be subsidized by the labor insurance**.

It is entirely up to the hospital to decide whether or not a sick or non-work-related employee should be hospitalized or transferred for treatment and the time of discharge. B. When a worker or employee ceases to work for medical treatment due to illness or non-work-related injury, and the period of suspension of work for medical treatment is within six consecutive months, the administrative side of the enterprise or the management shall pay the sick and injured leave pay according to the length of service of the enterprise, the amount of which is 60% to 100% of the employee's salary; If the period of continuous medical treatment is more than six months, the amount of the sickness or non-work-related injury relief shall be paid on a monthly basis under the labor insurance**, the amount of which shall be 40% to 60% of the employee's salary, until he is able to work or is determined to be disabled or died. The detailed measures are set out in the implementation rules.

C. After the workers and employees are determined to be disabled due to illness or non-work-related injuries and medical treatment, and completely lose their labor force, the sickness and injury leave pay or the non-work-related travel relief allowance shall be suspended, and the labor insurance shall be issued to the non-work-related disability relief allowance instead, and the amount shall be stipulated in the following circumstances: 50% of the salary of the person who needs assistance in food and daily life, and 40% of his salary if he does not need help in food and daily life, until the labor force is restored or he dies; Some of the workers who are still able to lose their labor force will not be paid early. With regard to the determination and modification of the status of disability, the provisions of Article 12 (C) shall apply.

D. Workers and employees who have recovered from illness or non-work-related injuries or who have been disabled for non-work-related reasons and have resumed their labor force shall be given appropriate work by the administrative or management of the enterprise upon certification by the responsible medical authority. E. When the immediate family members supported by workers and employees are sick, they can be treated free of charge at the enterprise's medical center, hospital, special hospital or special Chinese and Western physicians, and the cost of surgery and ordinary medicine shall be borne by the administrative side of the enterprise or the employer, and the cost of expensive medicine, medical travel expenses, hospitalization expenses, meals and all other expenses shall be borne by the employee.

Legal Analysis: Wages are paid in accordance with the law during the period of statutory sick leave.

Legal basis: Regulations on Paid Annual Leave for Employees

Article 2 Employees of government agencies, organizations, enterprises, public institutions, private non-enterprise units, individual industrial and commercial households with employees, and other segmentary units shall enjoy paid annual leave (hereinafter referred to as annual leave) if they have worked continuously for more than one year. The unit shall ensure that employees enjoy annual leave. Employees are entitled to the same salary during the annual leave period as they would during normal work.

Article 3 Employees who have worked for 1 year but less than 10 years shall take 5 days of annual leave; 10 days of annual leave for those who have completed 10 years but are less than 20 years; Those who have completed 20 years of leave will take 15 days of annual leave. National statutory holidays and rest days are not included in the annual leave.

Legal Analysis: Wages are paid in accordance with the law during the period of statutory sick leave.

Legal basis: Labor Law of the People's Republic of China

Article 50 Wages shall be paid in monetary form to the laborers on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Article 5 The employer shall pay wages to the workers in accordance with the law during the period of the employee's lapse and marriage and funeral leave on statutory holidays and during the period of participating in social activities in accordance with the law.

According to Article 4 of the Labor Law, if an employee is sick and stops 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) Those who have worked continuously for 20 years but less than 30 years shall be given 90 rounds of their salary;

4) If the employee has worked for 30 years or more, he shall be paid 95% of his 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 circumstances exceed 5, it shall be reported to the labor and social security administrative department of the district and county (autonomous county, city) for approval. Article 5 If an employee is sick and has been suspended from work for more than 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 60% of the employee's salary;

2) If the employee has worked continuously for 10 years but less than 20 years, he shall be paid 65 of his salary;

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 end of the medical treatment period, he or she shall be retired, retired, or dealt with at one time in accordance with the relevant regulations if he is found to be completely incapacitated by the labor appraisal committee at or above the county level. 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.

Legal Analysis: The salary payment during the sick leave of employees will change differently depending on the length of service. According to the relevant regulations, if an employee stops working due to illness or non-work-related injury for a continuous medical treatment period of less than 6 months, the enterprise shall pay the sick and injured leave pay according to the following standards:

Those who have worked in the enterprise for less than 2 years shall be 60% of their salary; For those who have completed 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; For those who have completed 6 years but are less than 8 years, 90% of their salary; For those who have completed 8 years or more, 100% of their salary is paid. If an employee ceases working for more than 6 months due to illness or non-work-related injury, the salary for sickness and injury leave shall be suspended, and the compensation for sickness or non-work-related injury shall be paid on a monthly basis under labor insurance**.

Legal basis: Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees Article 4 If the medical treatment period is three months, the accumulated sick leave time within six months shall be calculated; Six months is calculated according to the cumulative time of sick leave and travel 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 according to the cumulative sick leave time within 24 months; 24 months shall be calculated based on the accumulated sick leave time within 30 months.