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Regulations on Medical Treatment Period for Employees in Shenzhen

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:

Regulations on duration of medical treatment

(1)

Actual years of working less than 10 years:

Service years for current employer	Duration of medical treatment
Less than 5 years	3 months
More than 5 years	6 months

(2)

Actual years of working more than 10 years:

Service years for current employer	Duration of medical treatment
Less than 5 years	6 months
More than 5 years, less than 10 years	9 months
More than 10 years, less than 15 years	12 months
More than 15 years, less than 20 years	18 months
More than 20 years	24 months

Calculation standard for duration of medical treatment

Duration of medical treatment	Calculation standard
3 months	Accumulated sick leave time in 6 months
6 months	Accumulated sick leave time in 12 months
9 months	Accumulated sick leave time in 15 months
12 months	Accumulated sick leave time in 18 months
18 months	Accumulated sick leave time in 24 months
24 months	Accumulated sick leave time in 30 months

Other regulations on duration of medical treatment

(1)	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, their labour contracts shall be terminated. Under this situation, employees shall retire or quit the job and enjoy retirement pension or severance compensation.
(2)	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.
(3)	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.

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. The regulation is not only applied for enterprises, individual economic organizations and private non-enterprise organizations but also for government agencies, public institutions, social organizations. However, civil servants and those who refer to the management of civil servants shall be excluded.

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Regulations on Medical Treatment Period for Employees in Shenzhen

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