How to calculate wages when sick leave includes statutory holidays or public holidays

Sick leave including statutory holidays or public holidays shall be deducted from the corresponding number of days.

Sick leave means that when an employee needs to stop working for medical treatment due to illness or non-work-related injury, the enterprise shall grant a certain amount of medical leave according to the employee's actual working years and working years in the employer. Sick leave workers can be paid as usual, and for sick leave, it is not less than 80% of the local minimum wage.

Employees' sick leave and personal leave shall be calculated in the order of natural days.

Wages are calculated according to the following provisions:

Article 2 of the Notice of the Ministry of Labor and Social Security on Issues Concerning the Conversion of Employees' Average Monthly Working Hours and Wages throughout the Year (2008) No. 3 stipulates that "Conversion of daily and hourly wages: In accordance with the provisions of Article 51 of the Labor Law, employers shall pay wages on statutory holidays in accordance with the law, that is, the 11 statutory holidays stipulated by the state shall not be excluded when converting daily wages and hourly wages. Accordingly, the daily wage and hourly wage are converted as:

Daily wage: monthly salary income Number of days of monthly salary.

Hourly wage: monthly wage income (monthly salary days: 8 hours), monthly salary days (365 days, 104 days) December days.

Public holidays shall not be counted as sick leave, and statutory holidays shall not only not be counted as sick leave, but shall also be paid.

Legal analysis: Sick leave during statutory holidays cannot be deducted from wages, and employers should pay wages if they do not work during statutory holidays.

Legal basis: Labor Law of the People's Republic of China Article 44 In any of the following circumstances, the employer shall pay wages and remuneration higher than the wages of the workers for normal working hours in accordance with the following standards: (1) If the workers are arranged to work longer hours, they shall be paid wages and remunerations not less than 150% of the wages; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

The provisions on the medical period (sick leave) for employees of enterprises are: 3 months for those who have worked in the unit for less than 10 years, 6 months for more than five years, 6 months for more than 5 years, 6 months for less than 5 years for more than 10 years, 9 months for 5 to 10 years, 12 months for 10 to 15 years, 18 months for 15 to 20 years, and 24 months for more than 20 years.

1. Calculation of sick leave and personal leave pay.

1. For sick leave pay, the employer may agree with the employee in the contract, as long as it is not less than 80% of the local minimum wage. According to the provisions of the Notice of the Ministry of Labor on Issues Concerning the Conversion of Employees' Average Monthly Working Hours and Wages throughout the Year, the average monthly working days and working hours of employees throughout the year are adjusted to days and hours respectively, and the average daily wages of employees can be converted accordingly.

2. For personal leave wages, the enterprise can not pay it at all.

3. The wages and benefits of employees during the period of personal leave (including sick leave) shall be paid according to the system of wages and benefits for state organs and institutions. Enterprises implement different systems according to the different nature of employees, and workers in the enterprise generally do not pay wages during personal leave because they enjoy overtime and overtime wages; The number of administrative personnel and engineering and technical personnel in the enterprise do not enjoy overtime and overtime wages, and if the personal leave is within two working days per quarter, the salary shall be paid, and if the leave exceeds two working days, the salary shall not be paid.

Employees shall be paid their standard wages during the period of family visit leave and the period of travel during the prescribed period of home visit leave.

When an employee gets married or an employee's immediate family members (parents, spouses, children) die, a marriage and funeral period of one to three days will be granted with the approval of the unit leader. If the two parties do not work in the same place at the time of the employee's marriage, and the employee's immediate family members in other places need to go to the funeral in person when the employee's immediate family members die in other places, they may be granted travel leave according to the distance traveled. During the approved period of marriage and bereavement leave and travel leave, the head is destroyed and the salary is paid.

Employees can enjoy paid annual leave from their employers. Annual leave is generally 7 to 4 days.

1. National regulations on sick leave and personal leave.

Sick leave and personal leave are stipulated by the state that 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 specified medical period, and the sick leave pay or sickness relief expenses can be paid lower than the local minimum wage standard, but not less than 80% of the minimum wage standard. 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 contract expires during the period of medical treatment, pregnancy, childbirth and breastfeeding. The term of the employment contract shall automatically extend until the expiration of the period of medical treatment, pregnancy, maternity and lactation.

2. How to calculate sick leave pay?

The calculation standard of sick leave and personal leave pay is: if the employee is sick and the employee is suspended from work within 6 months during the medical period, the sick leave salary shall be calculated and paid according to the following methods:

1.If the employee has worked continuously for less than 10 years, he shall be paid 70% of his 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 will be paid 95% of their salary.

3. What certificates are required for sick leave to enjoy sick pay?

Sick leave requires a "Sick Leave Certificate" issued by the hospital to enjoy sick pay, and the certificate must be signed by the attending doctor and stamped with the official seal of the hospital to be valid. The disease diagnosis certificate is a legally effective certificate issued by clinicians to patients to prove their diseases, and is often used as an important basis for sick leave, sick retirement, disability identification, insurance claims, etc. The Certificate of Diagnosis of Disease shall be issued in accordance with the following provisions:

1.Every doctor should personally examine patients with a scientific, rigorous and realistic attitude, and carefully issue a certificate of disease diagnosis, and each diagnosis should have a scientific and objective diagnostic basis.

2.The certificate of diagnosis must be signed by a physician with the title of attending physician or above, and must be stamped by the outpatient department or medical department before it can be validated. The physician who issued the medical certificate shall be legally responsible for the diagnosis made.

It is necessary to divide "short-term sick leave" and "long-term sick leave": if the employee takes continuous leave for six months due to illness or non-work-related injury, it is called "short-term sick leave", and if it exceeds six months, it is called "long-term sick leave". According to the Ministry of Labor's "Notice on Strengthening the Management of Sick Leave for Employees of Enterprises and Ensuring the Life of Employees During Sick Leave", employees who are sick within six months:

1) If the employee has worked for less than two consecutive years, 60% of his or her salary shall be paid; (2) If the employee has worked continuously for two years but less than four years, it shall be paid at 70% of his salary; (3) If the employee has worked continuously for four years but less than six years, it shall be paid at 80% of his salary; (4) If the employee has worked continuously for six years but less than eight years, it shall be paid at 90% of his salary; (5) Those who have worked continuously for eight years or more shall be paid 100% of their salary. An employee may calculate her sick leave pay for the period of sick leave in proportion to the length of her service. And if the employee has been sick for more than six months:

1) If the continuous service is less than one year, it will be paid at 40% of the salary; (2) If the employee has worked continuously for one year but less than three years, it shall be paid at 50% of his salary; (3) Those who have worked continuously for three years or more shall be paid 60% of their salary. (The personal salary here refers to 70% of the employee's actual salary under normal circumstances.) 4) If the employee's illness treatment is less than 40% of the average monthly salary of the enterprise, the enterprise shall give the employee corresponding subsidies in accordance with the rules and regulations formulated by the employer in accordance with the law.

5) If the sick leave salary of the employee is higher than the average monthly wage of the city in the previous year, it can be calculated and paid according to the average monthly wage of the city in the previous year. Note: The provisions of the implementation rules vary from place to place, and they are not all so detailed, and the specific proportion of sick leave pay can be consulted with the local human resources and social security department.

In any case, the salary during the sick leave should not be fully deducted, but as long as it is not a long-term sick leave, the sick leave pay will not be too much if it is calculated comprehensively, so the most rational way is to ask for or report to the company in person, because once the application for arbitration is also not conducive to the employee's future work, and the arbitration fee and other expenses may be more than the salary.

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, 70% of their salary; 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 will be raised; For those who have completed 8 years or more, 100% of their salary will be paid.