What does sick leave mean?

Question 1: What do you mean by sick leave? Paid vacation. Sick leave should not be deducted in full, but should be deducted in half according to the company system or in proportion.

Question 2: What do you mean by harmful sick leave? Is it harmful?

Question 3: Labor Law-Identification of Sick Leave The main provisions on sick leave in China's labor law are as follows:

According to the provisions of the medical treatment period for employees who are sick or injured at work

The medical treatment period refers to the period when employees of an enterprise stop working and rest due to illness or non-work-related injuries and do not terminate the labor contract.

When enterprise employees need to stop medical treatment due to illness or non-work-related injuries, they shall be given a medical treatment period of three to twenty-four months according to their actual working years and working years in their own units:

(a) the actual working experience is less than ten years, and the working experience in this unit is less than five years, which is three months; More than five years is six months.

(two) the actual working experience of more than ten years, less than five years in this unit, for six months; More than five years but less than ten years and nine months; Twelve months of more than ten years and less than fifteen years; Fifteen years, twenty years and eighteen months; Twenty years or more is twenty-four months.

If the medical treatment period is three months, the accumulated sick leave time within six months shall be calculated; For six months, calculate the accumulated sick leave time within twelve months; Nine months is calculated according to the accumulated sick leave time within fifteen months; Twelve months is calculated according to the accumulated sick leave time within eighteen months; Eighteen months is calculated according to the accumulated sick leave time within twenty-four months; Twenty-four months is calculated according to the accumulated sick leave time within 30 months.

If the employees of an enterprise are disabled due to non-work-related injuries, suffer from refractory diseases recognized by doctors or medical institutions, and cannot engage in their original jobs or other jobs arranged by the employing units after the medical treatment expires, the labor appraisal committee shall conduct labor ability appraisal with reference to the appraisal standards for industrial injuries and occupational diseases. Those who are recognized as Grade I to Grade IV shall quit their jobs, terminate their labor relations, go through retirement and resignation procedures, and enjoy retirement and resignation benefits; The labor contract shall not be terminated during the medical treatment period if it is identified as Grade 5 to Grade 10.

If the employees of an enterprise are disabled due to non-work-related injuries and suffer from refractory diseases recognized by doctors or medical institutions, the labor appraisal committee shall conduct labor ability appraisal with reference to the appraisal standards for the degree of disability caused by work-related injuries and occupational diseases. Those who are recognized as Grade I to Grade IV will quit their posts, terminate their labor relations, go through retirement and resignation procedures and enjoy retirement and resignation benefits.

The Opinions on Several Issues in Implementation (No.309 issued by the Ministry of Labor [1995]) stipulates the payment of sick pay or disease relief funds.

The details are as follows:

(1) During the treatment of employees' illness or non-work-related injuries, the enterprise shall pay their sick pay or disease relief funds according to relevant regulations within the prescribed medical treatment period. Sick pay or sickness relief can be paid below the local minimum wage, but not less than 80% of the minimum wage.

(2) Except under the circumstances stipulated in Article 25 of the Labor Law, the employer may not terminate the labor contract during the medical treatment period, pregnancy, childbirth, lactation period or the expiration of the labor contract. The term of the labor contract automatically extends to the medical treatment period, pregnancy, childbirth and lactation period.

(3) Employees who take long-term sick leave can continue to perform the labor contract if they can engage in the original work after the medical treatment expires; After the expiration of medical treatment, it is still impossible to engage in the original work or other work arranged by the unit, and the labor appraisal committee shall conduct labor ability appraisal with reference to the appraisal standards of industrial injury and occupational disease disability. Those who are identified as Grade I to Grade IV shall quit their jobs, terminate their labor relations, go through retirement procedures due to illness or non-work-related injuries, and enjoy corresponding retirement benefits; If it is identified as level 5 to level 10, the employer may terminate the labor contract and pay economic compensation and medical subsidy according to the regulations.

(4) The "minimum wage" in Article 48 of the Labor Law refers to the minimum labor remuneration paid by the employee's unit on the premise that the employee has fulfilled his normal labor obligations within the legal working hours. The minimum wage does not include wages for extended working hours, housing and food subsidies paid by the employer in cash, allowances under special working conditions such as middle shift, night shift, high temperature, low temperature, underground, toxic and harmful, and social insurance benefits stipulated by national laws, regulations and rules.

(5) If a worker is sick or injured at work, and it is confirmed by the labor appraisal committee that he can't do his original job or other jobs arranged by the employer, and the labor contract is terminated, the employer shall pay him economic compensation equivalent to one month's salary for each full year, and at the same time, he shall pay medical subsidies not less than six months' salary. For those who are seriously ill or terminally ill, medical subsidies should also be increased ... >>

Question 4: What's the difference between medical treatment and sick leave? In the practice of human resource management, the management and dismissal of sick employees is a very difficult job. On the one hand, the labor law gives special protection to sick employees and makes special provisions on medical treatment period and sick pay; On the other hand, the national and local regulations on medical treatment period and sick pay are not uniform, or they are formulated for a long time, which is difficult to meet the needs of current labor and personnel management. Then, how to master the relevant laws and policies on the management of sick employees, and how to follow the principle of fairness and reasonableness without violating the laws and policies, has become a very urgent problem for the vast number of human resources management workers. Especially, the salary management and dismissal management of sick employees have become a very hot field in labor and personnel management.

First, what is the medical period? Is it absolutely impossible to remove it during medical treatment?

According to Article 2 of the Provisions of the Ministry of Labor on the Medical Treatment Period for Enterprise Employees Suffering from Illness or Non-work-related Injury, the medical treatment period refers to the period when an enterprise employee stops working and rests due to illness or non-work-related injury, and the labor contract cannot be terminated. In fact, this definition is not complete. The term "may not terminate" here means that the employer may not terminate the labor contract. There is no legal restriction if the laborer proposes to terminate the labor contract or both parties negotiate to terminate the labor contract. According to the Provisions of Shanghai Municipality on the Standard of Medical Treatment Period for Workers Suffering from Illness or Non-work-related Injury, the medical treatment period refers to the period when workers stop working for treatment and rest due to illness or non-work-related injury, and the employer may not terminate the labor contract. In other words, the medical treatment period is a period of dismissal protection for sick workers within a certain period of time, and its main purpose is to ensure that workers will not lose their jobs because of the treatment of work-related injuries.

The provisions of the Labor Contract Law on the medical treatment period mainly include the provisions of Articles 40 and 42, which mainly clarify that an enterprise shall not terminate its labor contract without fault (Article 40 of the law) and economic layoffs (Article 4 1 of the law) during the medical treatment period of its employees. Article 40 of the Law stipulates: "In any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra salary of 1 month: (1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires; …… "Article 42 of this Law stipulates:" In any of the following circumstances, the employing unit shall not terminate the labor contract in accordance with the provisions of Articles 40 and 468 of this Law: …… (3) Being sick or injured non-work-related and within the prescribed medical treatment period; ……"。

What needs to be clear is that for employees in the medical period, it does not mean that the enterprise can never be terminated. "Labor Contract Law" only makes it clear that enterprises can't carry out no-fault termination and economic layoffs during the medical treatment period, but it doesn't stipulate that enterprises can't carry out fault termination (Article 39) and negotiation termination (Article 36). Therefore, for employees during the medical treatment period, the enterprise can terminate the labor contract on the grounds that their probation period does not meet the employment conditions, there are serious violations of discipline, and there are serious faults. You can also communicate with them and negotiate to terminate the labor contract on the premise of paying economic compensation and other related matters.

Second, how long is the medical treatment period?

According to the relevant national laws and policies, the medical treatment period is mainly determined by the actual working years of employees and the working years in the company. For example, Article 3 of the Provisions of the Ministry of Labor on the Medical Treatment Period of Enterprise Employees Suffering from Illness or Non-work-related Injury stipulates that if an enterprise employee suffers from illness or non-work-related injury and needs to stop medical treatment, he shall be given a medical treatment period of 3 months to 24 months according to his actual working years and working years in this enterprise: 1, the actual working years. For more than 5 years, 6 months; 2. If the actual working experience is more than 10 years, and the working experience in this unit is less than 5 years, it is 6 months; More than 5 years/kloc-0 and less than 9 months; More than 10 years and less than 15 years is 12 months; 15 years and less than 20 years is 18 months; More than 20 years is 24 months.

In addition, according to the relevant provisions of the Opinions on Several Issues in Implementation (No.309 issued by the Ministry of Labor [1995]), employees suffering from certain special diseases (cancer, psychosis, paralysis) who cannot recover within 24 months after the expiration of medical treatment can appropriately extend the medical treatment period with the approval of enterprises and local labor departments.

Third, how to calculate the medical treatment period?

In practice, if employees take sick leave continuously, the sick leave will be counted continuously until it expires naturally ... >>

Question 5: What is the sick leave rate? Refers to asking for leave from the company due to illness in the current month or this year. Large-scale companies will make statistics on all related matters of employees, and ask for leave due to illness, which is called sick leave. In this month or this year, you will take a percentage of sick leave from the company, which is the so-called sick leave rate.

Question 6: Does sick leave count as leave? Sick leave is also a kind of leave, but the types of leave are different. In essence, employees should ask for leave if they can't come to work for various reasons.

Statutory holidays (paid) (1949 65438+On February 23rd, the Decision of the State Council Municipality on Amending the National Festival and Memorial Day was revised for the first time according to 65438+65438 on February 23rd, 2007.

Article 1 These Measures are formulated for the purpose of unifying holiday arrangements for national festivals and anniversaries.

Article 2 Holidays for all citizens:

(a) the New Year, holiday 1 day (10/day);

(two) the Spring Festival, a holiday of 3 days (Lunar New Year's Eve, the first day of the first month, the second day);

(3) Tomb-Sweeping Day, holiday 1 day (the day of the Qingming Festival);

(4) Labor Day, holiday 1 day (May 1 day);

(5) Dragon Boat Festival, holiday 1 day (the day of Dragon Boat Festival in the lunar calendar);

(6) Mid-Autumn Festival, holiday 1 day (the day of the Mid-Autumn Festival in the lunar calendar);

(7) National Day, 3 days off (65438+ 10/0/2, 3).

Third holidays and anniversaries of some citizens:

(a) Women's Day (March 8), women have a half-day holiday;

(2) Youth Day (May 4th), and more than 14 youths have a half-day holiday;

(3) Children's Day (June 1), children under 14 have a holiday 1 day;

(4) China People's Army Day (1 August), and active servicemen have a half-day holiday.

Article 4 Festivals with customs and habits of ethnic minorities shall be determined by people in areas where ethnic minorities live in concentrated communities according to the customs of ethnic minorities.

Article 5. The 27th anniversary, 30th anniversary, July 7th anniversary of the Anti-Japanese War, September 18th anniversary, Teachers' Day, Nurses' Day, Journalists' Day, Arbor Day and other festivals and anniversaries will not be closed.

Article 6. If all citizens' holidays fall on Saturdays and Sundays, they should make up their holidays on working days. If some citizens have a holiday on Saturday and Sunday, they will not be compensated.

Maternity Leave and Breastfeeding Leave (paid) Article 62 of the Labor Law of People's Republic of China (PRC) stipulates that female employees shall enjoy maternity leave of not less than 90 days. Article 8 of the Provisions on Labor Protection of Female Employees stipulates that maternity leave for female employees is 90 days, including prenatal leave 15 days. In case of dystocia, maternity leave will be increased by fifteen days. In the case of multiple births, the maternity leave will be increased by 15 days for each additional baby. If a female worker is pregnant and aborts, her unit shall give her maternity leave for a certain period according to the certificate of the medical department. Article 9 stipulates that female employees with babies under one year old shall be given two breastfeeding (including artificial feeding) times in each class, each time lasting 30 minutes. For multiple births, the breastfeeding time will be increased by 30 minutes for each additional baby. The two breastfeeding hours of female workers in each class can be combined. Breastfeeding time and the time on the way back and forth in this unit are counted as labor time. Sick leave (according to the following provisions) Article 3 of the Provisions on Medical Treatment Period for Enterprise Employees Suffering from Illness or Non-work-related Injury stipulates that if an enterprise employee suffers from illness or non-work-related injury and needs to stop working for medical treatment, he shall be given a medical treatment period of three to twenty-four months according to his actual working years and the working years of his own unit. 1, the actual working experience is less than ten years, and the working experience in this unit is less than five years, which is three months; More than five years is six months. 2, the actual working life of more than ten years, less than five years in this unit for six months; More than five years but less than ten years and nine months; Twelve months of more than ten years and less than fifteen years; Fifteen years, twenty years and eighteen months; Twenty years or more is twenty-four months. Article 4 stipulates that if the medical treatment period is three months, the cumulative calculation time is six months; For six months, calculate the accumulated sick leave time within twelve months; Nine months is calculated according to the accumulated sick leave time within fifteen months; Twelve months is calculated according to the accumulated sick leave time within eighteen months; Eighteen months is calculated according to the accumulated sick leave time within twenty-four months; Twenty-four months is calculated according to the accumulated sick leave time within 30 months. Sick leave treatment: if the sick leave is within six months, it will be paid according to the continuous length of service; If it is not two years, pay 60% of my salary, if it is two to four years. 70% of my salary, 80% for four to six years and 90% for six to eight years. More than 8 years, 100%. Stop working for medical treatment for more than 6 months ... >>

Question 7: How to calculate sick leave (2) the period of absence due to illness or work-related injury (3) employees can take sick leave according to the number of days or hours of paid sick leave every month or year; Ask for leave due to illness. Tang Bai Juyi's poem "Pang Shaoyin takes a sick leave with fish and wine" says: "The official loves prison, the deeper the illness." Qingping Qing Bu "Xiawai | Fragments? Poetry talk? Love leisure: "Yao Wugong likes to ask for sick leave, and Du Ai has several people coming. "Legal Provisions on Sick Leave According to the Provisions on Medical Treatment Period for Enterprise Employees' Sickness or Non-work-related Injury (No.479 issued by the Labor Department [1994]) and other relevant regulations, if an enterprise employee needs to stop working for medical treatment due to illness or non-work-related injury, the enterprise shall give him a certain medical treatment period according to his actual working years and working years in this unit. The medical treatment period refers to the period during which the enterprise cannot terminate the labor contract when the employee stops working for treatment due to illness or non-work-related injury, that is, the employee is sick due to illness or non-work-related injury. The regulations stipulate the duration of medical treatment. 195 1 the labor insurance regulations promulgated by the State Council, 1953 the revised draft implementing rules of the labor insurance regulations promulgated by the former Ministry of labor, 1995 the opinions on implementing some issues issued by the former Ministry of labor (No.1995).

Question 8: What do I need to call in sick? Some units need the diagnosis certificate of the unit outpatient service, and some units need the diagnosis certificate of the hospital. In short, you can call in sick with the diagnosis certificate.

Question 9: What's the best disease to ask for sick leave? Please be satisfied with the answer, strong woman. Level 3: 2011-02-14. Say you're pregnant. If you are a man, say your wife is pregnant. If you are not married, your girlfriend is pregnant. You're adopting a baby, so you can't ask for three months. Or, it seems that it doesn't take three months to cut the appendix ... tell me where it is broken, which will hurt your bones and muscles for a hundred days ... and I'll mend it later ~ Q: Please, others can't hurt your bones and muscles. This can help me make up an answer: What is your occupation? Making up reasons is also a science ~ follow-up: I am a secondary school student, so it is better to say that the reasons for hurting my bones and muscles are better. Our school is very strict. You have to make it look good. I plan to take a vacation for three months. Answer: let me see ... it's definitely not good to hurt your muscles and bones, because you can still have classes like this. To say that cecectomy is not bad, surgery plus rest, even if it is not three months, it will be almost the same. I am afraid your school will have to rely on it. It's really hard to ask for three months' sick leave ~ Follow-up: Is there any better reason to tell the teacher that it hurts? I'm sure I won't be invited for three months, month after month

Question 10: What do you mean by sick leave? Paid vacation. Sick leave should not be deducted in full, but should be deducted in half according to the company system or in proportion.