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Those who have a doctor's certificate can take sick leave in accordance with the law, and the legal basis is as follows: ".
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, he or she shall be given a medical treatment period of three to 24 months according to his actual working years and the number of years he has worked 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.
Article 4 Where the medical treatment period is three months, the cumulative sick leave time within six months shall be calculated; 6 months is calculated based on the accumulated sick leave time 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 based on the accumulated sick leave time within 24 months; 24 months shall be calculated based on the accumulated sick leave time within 30 months.
Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China (Lao Bu Fa [1995] No. 309).
59. During the period of illness or non-work-related injury, the enterprise shall pay the sick leave pay or sickness relief fee in accordance with the relevant provisions during the specified medical treatment period, and the sick leave pay or sickness relief fee may be paid lower than the local minimum wage standard, but shall not be lower than 80% of the minimum wage standard
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Of course, you can take a leave of absence if you have a medical certificate, and you have to take a long vacation, I hope it can help you.
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Legal analysis: Uremia, severe cardiovascular patients, serious occupational diseases, severe radiation patients, mental patients and other diseases diagnosed as requiring long-term sick leave and unable to go to work normally can apply for long-term sick leave. 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 the number of years he has worked in the unit.
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, 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: (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 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.
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Legal analysis: Cancer patients, uremia, severe cardiovascular patients, serious occupational diseases, severe radiation patients, mental patients and other diseases diagnosed as requiring long-term sick leave and unable to go to work can apply for long-term sick leave.
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 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.
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1. What diseases can be taken on long-term sick leave?
Those who can take long-term sick leave include cancer patients, uremia, severe cardiovascular patients, severe occupational diseases, severe radiation patients, and mental patients. Sick leave is a medical period for employees' sick leave pay in China, and injuries and illnesses can enjoy medical treatment during the medical period. The medical treatment period is calculated according to the working years of the unit, the first year is three months, and the medical treatment period is increased by one month for each full year thereafter.
During the medical treatment period, the employer shall not dissolve or terminate the employment contract unless the employee is at fault. This is to protect employees from injuries and illnesses. During the sick leave period, the employee is not paid on a case-by-case basis, but according to the formula of "daily wage, sick leave pay ratio, sick leave days".
If an 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". The number of days of leave due to illness or non-work-related injury shall be calculated according to the actual number of vacation days, and the number of rest days and holidays included in the continuous leave period shall be excluded.
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1. The conditions that can be taken for long-term sick leave are as follows:
1) Employees who have been diagnosed by the People's Hospital as needing long-term sick leave and cannot go to work normally as determined by the labor and personnel department may apply for long-term sick leave;
2) If the person is on leave due to illness, the full salary will be paid.
2. Legal basis: Article 4 of the Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees.
If the medical treatment period is three months, the accumulated sick leave time within six months shall be calculated; 6 months is calculated based on the accumulated sick leave time 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 based on the accumulated sick leave time within 24 months; 24 months shall be calculated based on the accumulated sick leave time within 30 months.
Article 5 During the period of medical treatment, the sick leave pay, sickness relief expenses, and medical treatment of the employees of an enterprise shall be implemented in accordance with the relevant regulations.
Article 6 If an employee of an enterprise is disabled not due to work-related injuries and is found by a doctor or a medical institution to be suffering from an illness that is difficult to achieve, and his medical treatment is terminated during the medical treatment period, and he is unable to engage in his original job or work arranged by the employer, the labor appraisal committee shall conduct an appraisal of his or her working ability with reference to the appraisal standards for the degree of disability caused by work-related injuries and occupational diseases. Those who have been identified as level 1 to 4 shall withdraw from their labor positions, terminate their labor relations, go through retirement and resignation procedures, and enjoy retirement and retirement benefits; If the employee is assessed as grade 5 to 10, the labor contract shall not be terminated during the medical treatment period.
2. What are the materials that need to be prepared for long-term sick leave?
The materials that need to be prepared for long-term sick leave are as follows:
1. Sick leave certificate or hospitalization certificate issued by the hospital;
2. Leave slip;
3. Medical records, ** lists, etc.
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Condition analysis: If you are not feeling well and need to rest, you can issue a rest certificate through the hospital and ask for leave from the unit. -Some.
Acute diseases, such as acute pharyngitis, tonsillitis. Respiratory tract infections, diarrhea, etc., the number of days off is generally short-term. Need.
Diseases that require long-term rest and sick leave are, acute and chronic hepatitis. Acute and chronic nephritis. Kidney failure. Chronic immune disease.
Sickness. Long-term sick leave is available for these diseases, such as malignant tumors.
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If an employee takes sick leave, the employee shall go to a medical institution designated by the employer in person, and if it is necessary to stop work for recuperation after being examined by a licensed physician, the medical practitioner shall issue a sick leave note. It is illegal for an employee to submit a fake sick leave note, and the sick leave form is invalid, and the employer may treat it as absenteeism.
Medical Practitioners Act
Article 23: Physicians carrying out medical, preventive, and health care measures, and signing relevant medical certificates, must personally conduct examinations and investigations, and fill out medical documents in a timely manner in accordance with regulations, and must not conceal, forge, or destroy medical documents and related materials.
Ministry of Labor, Economic Office, Ministry of Health, State Administration for Industry and Commerce, All-China Federation of Trade Unions.
Notice on Strengthening the Management of Employees on Long-term Leave of Injury and Illness in Enterprises
Labor Insurance 1992 No. 14.
Second, it is necessary to uphold and improve the system of leave and resumption of work for injured and sick employees of enterprises. If an employee needs to take leave due to injury or illness, he or she shall present the disease diagnosis certificate issued by the enterprise's medical institution or designated hospital, which shall be reviewed and approved by the enterprise. If an injured or sick employee needs to be transferred to a long-term leave, the labor appraisal committee (group) of the enterprise shall make an appraisal according to the disease diagnosis certificate issued by the enterprise's medical institution or designated hospital, and shall be approved by the enterprise's administration.
It depends on what the company requires, and the general one is either a checklist, a medical record list, or a diagnosis certificate, etc. It's all provable.
If a worker takes sick leave, the employee shall go to the medical institution designated by the employer in person, and if it is necessary to stop work for recuperation after being examined by a licensed physician, the medical practitioner shall issue a sick leave note, and the employee shall go through the leave application procedures in accordance with the procedures prescribed by the employer with the sick leave note. However, if it is an emergency, you can be admitted to the nearest hospital, ask for leave verbally, and even go through the procedures afterwards. >>>More
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Hello, migraines generally can't take a long vacation, and the sick leave of the unit is a variety of certificates provided by the hospital. It is difficult for a doctor to issue a certificate for you without a diagnosis of the condition, and it is difficult to deceive the doctor. Understood, don't be so troublesome, I've helped a lot of people, only a tertiary hospital.