Regulations on Medical Treatment Period for Employees in Shenzhen
According to Regulations on Medical Treatment Period of Employees for Illness or Non-work-related Injury that issued by Ministry of Labour of China, employees who need to stop working to take medical treatment shall be given 3 to 24 months based on their actual working years and the service years for current employers( medical treatment period means the time limit that dissolution of labour contract is prohibited when employees stop working to take medical treatment because of illness or non-work-related injury), please refer to detailed provisions as following:
1. Regulations on duration of medical treatment
(1) Actual years of working less than 10 years:
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Service years for current employer
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Duration of medical treatment
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Less than 5 years
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3 months
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More than 5 years
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6 months
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(2) Actual years of working more than 10 years:
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Service years for current employer
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Duration of medical treatment
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Less than 5 years
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6 months
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More than 5 years, less than 10 years
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9 months
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More than 10 years, less than 15 years
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12 months
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More than 15 years, less than 20 years
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18 months
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More than 20 years
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24 months
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2. Calculation standard for duration of medical treatment
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Duration of medical treatment
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Calculation standard
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3 months
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Accumulated sick leave time in 6 months
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6 months
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Accumulated sick leave time in 12 months
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9 months
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Accumulated sick leave time in 15 months
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12 months
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Accumulated sick leave time in 18 months
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18 months
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Accumulated sick leave time in 24 months
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24 months
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Accumulated sick leave time in 30 months
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3. Regulation after or exceed medial treatment period
(1)
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If the medical treatment finished within the medical treatment period, employees with non-work-related disabilities or have diseases that are difficult to treat as determined by doctors or medical institutions, and they are not be able to engage in the original job, or not be able to engage in other positions arranged by the employers, shall have an assessment on their labour ability. The assessment must be performed by capability certification committee refers to work injury and occupational disease gradation of disability standards. The individuals shall quit the job, terminate the labour contract and enjoy retirement pension or severance compensation for labour ability of grade 1 to 4; for employees whose labour ability grade from 5 to 10, employers are not allowed to terminate their labour contracts during the medical treatment period.
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(2)
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Employees with non-work-related disabilities or have diseases that are difficult to treat as determined by doctors or medical institutions shall take assessment of labour ability when the medical treatment period is expired. They shall quit the job, terminate the labour contract and enjoy retirement pension or severance compensation for labour ability of grade 1 to 4; for employees whose labour ability grade from 5 to 10, employers are not allowed to terminate their labour contracts during the medical treatment period.
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(3)
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If employees are not recovered at the end of medical treatment period, the economic compensation for termination of labour contract shall be calculated based on the relevant regulations.
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4. Salary for medical treatment period
During the medical treatment period, sick leave salary, sickness relief allowance and medical treatment of employees shall be rendered according to Regulations on Salary Payment in Shenzhen. During the prescribed medical treatment period, employer shall pay for sick/injury leave no less than 60% of the employee’s standard salary, however, the payment shall be no less than 80% of minimum salary in Shenzhen.
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