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 bouncy castle 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 |
