Answer: Apart from the entitled number of days of medical care leave, the second issue is how employees’ pay is treated during this period. In Shenzhen City, according to the ¡°Regulations on Medical Care Leave for Enterprise Employees with Illness or Non-Work-Related Injuries¡±, the pay for employees during the medical care leave is set at 60% of their own wages, but not lower than 80% of the minimum wage standard. 1Article 59 of the Opinions on Several Issues Concerning the Implementation of the Labor Law of the People’s Republic of China, 1995. During the period when an employee is ill or non-work-related injured, the enterprise shall pay their sick leave wage or disease relief fee according to the relevant provisions during the prescribed medical care leave. The sick leave wage or disease relief fee may be paid at a rate lower than the local minimum wage standard, but not at a rate lower than 80% of the minimum wage standard.
Similarly, just as there are differences in the number of sick leave days among different regions, there are also slight variations in pay entitlements during medical care leave in different provinces and cities. For example, in Shandong Province, it is stipulated that within 180 days of illness, the pay entitlement is 70% of the employee’s own wage. If the duration exceeds 180 days, it is 60% of the employee’s own wage. In Zhejiang Province, the sick leave wage is determined based on whether the illness exceeds six months, ranging from 40% to 80% of the employee’s own wage based on the total length of services. 2Shandong Provincial Department of Labor on forwarding labor Ministry “Regulations on Medical Care Leave for Enterprise Employees with Illness or Non-work-related injuries ” (LuLaoFa (1995) 67) ¡°Enterprise employees who are sick or non-work-related injured, during medical care leave, if the accumulative total of medical care leave does not exceed 180 days, the sick leave pay shall be at 70% of their wages; If the accumulative period exceeds 180 days, 60% of their wages.¡± Zhejiang Province: Notice on Forwarding Regulations on Medical Care Leave for Enterprise Employees with Illness or Non-work-related injuries of the Ministry of Labor (ZLXH (1995) No.231). Notice of Shanghai Municipal Labor and Social Security Bureau on the Calculation of Sick Leave Wages, Notice of Shanghai Municipal Labor Bureau on Strengthening the Management of Sick Leave for Enterprise Employees and Guaranteeing the Life of Employees during Sick Leave (Hu Lao Bao Fa (95) No.83). According to whether the sick leave exceeds half a year and the length of service, the employee’s wages during the medical care leave is 40% to 100% of their wages. The Interim Provisions on the Treatment of Sick Leave for Employees of Enterprises in Chongqing (effective date: 2000.07.01). The wages during the medical care leave is 60% to 95% of the employee’s wages, depending on whether the sick leave exceeds half a year and the length of continuous service. The Measures for the Implementation of the Management of the Medical care leave for Sickness or Non-work-related Injuries of Guangzhou Employees (Sui Lao Fu Zi (1998) No.5). According to whether an employee takes sick leave for more than half a year in a year, the wages during the medical care leave is 45% to 70% of their wages. In Shanghai, it ranges from 40% to 100% of the employee’s wage; in Chongqing from 60% to 95%; in Guangzhou from 45% to 70%. It should be noted that the employee’s own wage should be based on the regular hours and does not include overtime pay. 3Zhejiang Labor Department in Forwarding Ministry of Labor¡¯s ¡°Regulations on Medical Care Leave for Enterprise Employees with Illness or Non-work-related Injuries¡± provides ¡°Employees who suffer illness or non-work-related injuries and whose accumulative sick leave is 6 months or less shall be paid medica care leave pay based on their continuous lengths of service. The standard is: if the continuous length of service is less than ten years, the pay is the employee¡¯s wages (excluding overtime wages, bonuses, allowances, and price living allowances).¡± Civil Judgment of the Second Instance of the Labor Dispute between Xu Aimei and the Power Department of Jinan Power Co., Ltd. of Sinotruk Group Civil Judgment of Jinan Intermediate People’s Court of Shandong Province (2019) Lu 01 Min Zhong No.7616. To Shenzhen Branch of Zhuofeigao Circuit Board (Qujiang) Co., Ltd. v. Wang Qiang Labor Dispute Case Civil Judgment of Qujiang District People’s Court of Shaoguan City (2014) S.QF.M.Y.C.Z. No.509.
To explain how the number of sick leave days and the corresponding wages are calculated for an employee within a computation duration, let’s consider a case study: Ms. Li, an employee in Shenzhen on a permanent employment contract, earns a monthly wage of RMB 5,000. Her total length of service is less than 5 years, and her length of service for the current employer is less than 3 years . Starting from March 11, 2023, she took sick leave.
According to the Medical Care Leave table set forth in ¡°I am an employee. How many days of paid sick leave am I entitled to?¡± Ms. Li is entitled to a maximum of 3 months of sick leave within a 6-month computation duration. In other words, within the 6-months period from March 11 to September 10, Ms. Li is entitled to a maximum accumulated 90 days or three months of sick leave. As long as her total sick leave days does not exceed 90 days, she can take sick leave in a single instance or multiple instances, and her wage during the medical care leave will be RMB 3,000 (5000 * 60%).
If Ms. Li’s wage is not RMB 5,000 but RMB 2,000, her sick leave wage would be RMB 1,200, if calculated at 60% (2,000 * 60%). According to the rule that the sick leave wage must not be lower than 80% of the local minimum wage standard, and since the minimum wage in Shenzhen is RMB 2,360 in 2023, the employee’s sick leave wage should be RMB 1,888 (2,360 * 80%), instead of RMB 1,200.
It is important to note that after completion of a first sick leave computation duration, employees are still entitled to a new sick leave based on their current length of service. Using the above example, if Ms. Li falls ill again on a later date after September 10, 2023, such as October 12. Her total length of service would still fall under the first tier, entitling her the same accumulated 90 days and a monthly wage of RMB 3,000 during any sick leave days in the period from October 12 to April 11 of the following year (six months of computation duration).
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Mr. Dong Wang has been in practice for over 20 years, specializing in business law, including employment law, commercial law, company law, and intellectual property law. Mr. Wang has earned respect and trust from his clients due to his professionalism, fidielty, and kindness.
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- 1Article 59 of the Opinions on Several Issues Concerning the Implementation of the Labor Law of the People’s Republic of China, 1995. During the period when an employee is ill or non-work-related injured, the enterprise shall pay their sick leave wage or disease relief fee according to the relevant provisions during the prescribed medical care leave. The sick leave wage or disease relief fee may be paid at a rate lower than the local minimum wage standard, but not at a rate lower than 80% of the minimum wage standard.
- 2Shandong Provincial Department of Labor on forwarding labor Ministry “Regulations on Medical Care Leave for Enterprise Employees with Illness or Non-work-related injuries ” (LuLaoFa (1995) 67) ¡°Enterprise employees who are sick or non-work-related injured, during medical care leave, if the accumulative total of medical care leave does not exceed 180 days, the sick leave pay shall be at 70% of their wages; If the accumulative period exceeds 180 days, 60% of their wages.¡± Zhejiang Province: Notice on Forwarding Regulations on Medical Care Leave for Enterprise Employees with Illness or Non-work-related injuries of the Ministry of Labor (ZLXH (1995) No.231). Notice of Shanghai Municipal Labor and Social Security Bureau on the Calculation of Sick Leave Wages, Notice of Shanghai Municipal Labor Bureau on Strengthening the Management of Sick Leave for Enterprise Employees and Guaranteeing the Life of Employees during Sick Leave (Hu Lao Bao Fa (95) No.83). According to whether the sick leave exceeds half a year and the length of service, the employee’s wages during the medical care leave is 40% to 100% of their wages. The Interim Provisions on the Treatment of Sick Leave for Employees of Enterprises in Chongqing (effective date: 2000.07.01). The wages during the medical care leave is 60% to 95% of the employee’s wages, depending on whether the sick leave exceeds half a year and the length of continuous service. The Measures for the Implementation of the Management of the Medical care leave for Sickness or Non-work-related Injuries of Guangzhou Employees (Sui Lao Fu Zi (1998) No.5). According to whether an employee takes sick leave for more than half a year in a year, the wages during the medical care leave is 45% to 70% of their wages.
- 3Zhejiang Labor Department in Forwarding Ministry of Labor¡¯s ¡°Regulations on Medical Care Leave for Enterprise Employees with Illness or Non-work-related Injuries¡± provides ¡°Employees who suffer illness or non-work-related injuries and whose accumulative sick leave is 6 months or less shall be paid medica care leave pay based on their continuous lengths of service. The standard is: if the continuous length of service is less than ten years, the pay is the employee¡¯s wages (excluding overtime wages, bonuses, allowances, and price living allowances).¡± Civil Judgment of the Second Instance of the Labor Dispute between Xu Aimei and the Power Department of Jinan Power Co., Ltd. of Sinotruk Group Civil Judgment of Jinan Intermediate People’s Court of Shandong Province (2019) Lu 01 Min Zhong No.7616. To Shenzhen Branch of Zhuofeigao Circuit Board (Qujiang) Co., Ltd. v. Wang Qiang Labor Dispute Case Civil Judgment of Qujiang District People’s Court of Shaoguan City (2014) S.QF.M.Y.C.Z. No.509.