The Labor Code has specific provisions on the calculation of sick pay

Not less than 80% of the minimum wage

Legal Analysis: The calculation base of sick leave pay cannot be lower than 80% of the minimum wage, which is implemented in accordance with local policies.

Legal basis: "Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees" Article 4 If an employee is sick and stops work within 6 months during the medical treatment period, his sick leave salary shall be calculated and paid according to the following methods:

1) If the continuous service period 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% of their salary.

Legal analysis: 1. Calculation of sickness leave pay for employees who have taken sick leave within six months: those who have worked continuously for 2 years

Sick leave pay is calculated and paid at 60% of the average daily wage of employees; For those who have worked continuously for 2 years and 4 years, the sick leave pay shall be calculated and paid at 70% of the average daily wage of the employee; For those who have worked continuously for 4 years and 6 years, the sick leave pay shall be calculated and paid at 80% of the average daily wage of the employee; For those who have worked continuously for 6 years and 8 years, the sick leave pay shall be calculated and paid at 90% of the average daily wage of the employee; For those who have worked continuously for 8 years, sick leave pay shall be calculated and paid at 100 of the average daily wage of the employee.

2. It is worth noting that during the continuous vacation period, if there are statutory holidays or rest days, they should be excluded. Calculation of sickness relief expenses for employees who have been on sick leave for more than six months: for those who have worked continuously for one year, the salary during the sick leave period shall be calculated and paid at 40% of the employee's monthly salary income; For those who have worked continuously for 1 year and 3 years, the salary during the sick leave shall be calculated and paid at 50% of the employee's monthly salary income; For those who have worked continuously for 3 years, the salary during sick leave shall be calculated and paid at 60% of the employee's monthly salary income.

It should be noted that if an employee who has been sick and has been suspended from work for more than 6 months, if the sickness relief allowance is lower than the average monthly wage of the employee of the enterprise of 40, it shall be calculated and paid according to the standard of 40, but it shall not be higher than the monthly salary of the employee.

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 held for a maximum of a few 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 five years; Six months for more than five years.

2) Where the actual working experience is more than 10 years, the working experience in Sun Sou's unit is less than 5 years, and it is 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.

1. Sick pay.

People inevitably have headaches and brain fever, when they are sick, they can't continue to work on the job because of physical reasons, and they need to take sick leave to take a break, so during the sick leave, because the employee does not go to work, the salary is not paid according to the actual calculation, and the salary given to the employee by the unit should be paid according to a certain standard.

2. Calculation method of sick leave pay.

To calculate sick pay, two variables should first be determined, one is the calculation base of sick pay, and the other is the calculation coefficient of sick pay.

A1) The base of sick leave pay is determined in accordance with the following three 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 himself 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 agreement in the labor contract or collective contract, it can be determined by the employer and the employee representatives through collective wage negotiation, and a collective wage agreement shall be signed as a result of the negotiation.

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 the post (position).

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) The calculation coefficient is determined in the following way, taking Shanghai as an example (the regulations are different in various places, and the proportion of sick leave pay pants cover is not so detailed in some places):

1. If the employee takes sick or non-work-related injury for less than 6 months, the enterprise shall pay the sick leave salary according to the following standards: If the employee has worked for less than 2 years, it shall be paid at 60% of his 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; Those who have worked continuously for 8 years or more shall be paid 100% of their salary.

2. If the employee is sick or injured for more than 6 consecutive months, the enterprise shall pay the sickness relief fee: If the continuous service is less than 1 year, it will be calculated and paid at 40% of the employee's salary; If the employee has worked continuously for 1 year but less than 3 years, it will be paid at 50% of his salary; Those who have worked continuously for 3 years or more will be paid 60% of their salary. The amount of sick pay can be calculated after the calculation base and calculation factor of sick leave pay are determined.

Sick pay = (calculation base calculation coefficient number of sick days.)

Sick leave pay is paid by the employer at its own discretion according to 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), the employer shall independently determine the payment method for sick leave wages in accordance with the law not less than 80% of the local minimum wage standard.

Cover of the Labor Code

Article 47 An employer shall, on the basis of the characteristics of its production and operation and its economic benefits, independently determine the wage distribution method and wage level of its unit in accordance with law.

Labor Contract Law

Article 4 Employers shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and perform labor obligations.

When an employer formulates, amends, or decides on rules and regulations or major matters directly related to the vital interests and disadvantages 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, it 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 trade union or employees deem it inappropriate, they have 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.

Labor. Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China

Labor Ministry Fa 1995 No. 309.

59. During the period of illness or non-work-related injury**, the enterprise shall pay the employee 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 shall not be lower than 80% of the minimum wage standard.

Legal analysis: According to the laws and regulations of our country, employees can take sick leave during the employment and probationary period, because even the probation period is included in the labor contract period, so they can enjoy the treatment of sickness and hardship, and the sick leave salary of employees during the probation period must be ruined, and how to pay the sick leave salary of probationary employees, the relevant laws and regulations of our country can be calculated and decided in accordance with the local minimum wage ratio and the rules and regulations of public institutions.

Legal basis

Labor Law of the People's Republic of China

Article 20 The wages of a worker during the probationary period shall not be lower than 80 percent of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.

Labor Contract Law of the People's Republic of China

Article 4 Employers shall establish and improve rules and regulations in accordance with law to ensure that workers enjoy labor rights and perform labor obligations.

Article 72 Social insurance** shall determine the funds according to the type of insurance**, and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law.

Legal Analysis: The calculation base of sick leave pay is generally not less than 80% of the minimum wage, which is implemented according to local policies.

Legal basis: Provisions on the Medical Treatment Period for Illness or Non-work-related Injuries of Enterprises Employee Search Loss-making Workers Article 4 If an employee is sick and suspended from work within 6 months during the medical treatment period, his sick leave salary shall be calculated and paid according to the method of missing the number of employees

1) If the continuous service has not been eared for 10 years, it shall be paid 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% of their salary.

1. During the period of illness or non-work-related injury, the enterprise shall pay sick leave wages or sickness relief in accordance with the provisions of the medical treatment period, and the sick leave pay or sickness relief may be paid lower than the local minimum wage, but shall not be lower than 80% of the minimum wage standard. 2. Except for the circumstances stipulated in Article 25 of the Labor Law, the employer shall not terminate the labor contract when the term of the labor and labor contract expires during the period of medical treatment, pregnancy, childbirth and breastfeeding, and the term of the labor contract shall be automatically extended until the expiration of the medical period, pregnancy, childbirth and lactation period.