The Length of Medical Treatment Period in China

The Length of Medical Treatment Period…

The sick leave system is established for employees who are suffering from illness or non-work-related injuries. During the  medical treatment period, an employer shall not terminate the labour contract and must pay for the sick-leave wage.

  • How long a medical treatment period could be?

       The length of a medical treatment period depends on the working seniority of the employee.

Under national law, a medical treatment period ranges  from 3 to 24 months, depending on both the number of years the employee has worked for the employer and his/her total years of work experience.

total years of work experience Years of Consecutive Service for one  Employer    Medical Treatment Period
≤ 10 years ≤ 5 years 3 moths
 ≥5 years 6 months
≥10 years ≤ 5years 6 months
5 years≤ years ≤ 10 years 9 months
10 years≤ years ≤ 15 years 12 months
15 years≤ years ≤ 20 years 18 months
 ≥20 years 24 months

 

There is an obvious flaw of national rules-if the working years happens to be 5 years, 10 years, 15 years, 20 years, we don’t know which level we should choose.

In Shanghai,  the length of the Medical Treatment period is still from 3 to 24 months. However, working experience will not be considered when caculating the medical treatment  period, which means the length of medical treatment  period is totally decided by the consecutive working years for the  employer.

In Shanghai, an employee could have a three-month medical treatment period for the first year. From the second year, every full year of service entitles the employee to an additional month. In other words, if an employee has worked for more than two years, but less than three, his/her medical-treatment  period can be up to four months.

Years of Consecutive Service for one  Employer   Medical Treatment Period
<2 years 3 months
≥1+n years (n= positive integer ≤21 n+3 months

Comments are closed.

 

phone number lookup