In order to protect the health of employees, China's relevant laws provide for paid sick leave, and in order to avoid employees abusing paid sick leave, it is often necessary to take some hospital certificates to be recognized. So what kind of certificates do employees need to ask for sick leave? Let's have a look.
1. Sick leave certificate issued by the hospital. The certificate must be signed by the attending doctor and stamped with the official seal of the hospital;
2. Leave slip. Or other similar certificates within the employer.
Employees who ask for sick leave at work are generally not entitled to deduction of wages. When an employee asks for sick leave, the employer shall determine the wage standard of the employee during the sick leave period according to 60% to 100% of the employee's normal working time wage, and shall not be lower than 80% of the local minimum wage standard.
The calculation method of sick leave salary is as follows:
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 laborer specified in the labor contract.
2. Sick within six months (sick leave salary)
(1) For those with less than two years of continuous service, the sick leave wage is 60% of the calculation base;
(2) For those who have been in continuous service for more than two years but less than four years, the sick leave wage shall be 70% of the calculation base;
(3) For those who have worked for more than four years but less than six years, the sick leave wage is 80% of the calculation base;
(4) For those who have worked continuously for more than six years but less than eight years, the sick leave wage is 90% of the calculation base;
(5) For those who have worked continuously for more than eight years, the sick leave wage is 100% of the calculation base.
3. Illness for more than 6 months (disease relief fee)
(1) For those with less than one year of continuous service, the disease relief fee is 40% of the calculation base;
(2) 50% of the calculation base of the disease relief fund for those who have worked continuously for more than one year but less than three years;
(3) 60% of the calculation base of the disease relief fund for those who have worked continuously for three years or more.
In addition, employees are entitled to sick leave of 3 to 24 months when they are sick. The specific arrangements are as follows:
1. Having worked for less than ten years
(1) 3 months for those who have worked in the company for less than five years;
(2) Six months for those over five years.
2. Having worked for more than ten years
(1) 6 months for those who have worked in the unit for less than five years;
(2) Nine months for those with more than five years but less than ten years;
(3) 12 months for more than 15 years and less than 15 years;
(4) 12 months for more than 15 years and less than 20 years;
(5) 24 months for those over 20 years.
In addition, it should be noted that after taking sick leave, you can generally continue to take annual leave, but under the following circumstances, you cannot continue to ask for annual leave.
1. Employees who have worked for more than one year but less than 10 years have taken sick leave for more than two months in total;
2. Employees who have worked for more than 10 years but less than 20 years have taken sick leave accumulatively for more than 3 months;
3. The employee has worked for more than 20 years and has taken sick leave for more than 4 months.
Moreover, if an employee is ill, the company shall not terminate the labor contract within the prescribed medical period. If the company cancels the labor contract in violation of the law, the employee may request to continue to perform the labor contract or require the company to pay compensation twice the economic compensation standard. If the medical treatment period has expired, the company can legally terminate the contract according to the legal conditions and procedures.
However, in reality, many companies are afraid that the sick employees will delay the work process during the treatment period, or that the employees after the illness will not accept the original work tasks. Therefore, once the employees are found sick, they are anxious to find reasons to terminate the labor contract between the two parties. This kind of behavior of the company seriously damages the labor rights and interests of employees. After the sick employees are terminated the labor contract illegally, it is suggested that labor arbitration, complaint or litigation can be adopted to protect their rights. If the litigation procedure is selected, a lawyer in the direction of labor law can be entrusted to solve the problem.