[Direct answer]In the Beijing area, units should still pay social insurance in accordance with the law, and the personal portion shall be borne by individuals. The Social Insurance Law of the People's Republic of China (effective July 1, 2011) stipulates that employers shall, within 30 days from the date of employment, apply to the social insurance agencies for social insurance registration for their employees and pay social insurance premiums in full and on time. Employees shall pay the social insurance premiums deducted and paid by their employers. During the medical period, the employment relationship is not terminated, and the obligation to pay social insurance continues to exist. The "Regulations on the Medical Period for Employees Suffering from Illness or Non-work-related Injuries" (effective January 1, 1995) clearly stipulate that the medical period shall be granted from three months to 24 months according to the length of service.

1. Problem background and typical scenarios

The most common problem during long-term sick leave is the suspension of social insurance payments. Common scenarios include: the employer stops declaring social insurance payments on the grounds that the employee has not provided labor for a long time; the employer requires the employee to bear all social insurance costs themselves; the sick leave salary is lower than the minimum standard, resulting in the inability to deduct the individual portion; and the employer fails to arrange for the employee to return to work or transfer to a new position after the medical leave expires. In labor disputes in Beijing, disputes over social insurance payments often arise together with issues such as sick leave pay and termination of employment. In addition, such problems often involve multiple parties and legal relationships. Clarifying the positions, responsibilities, and applicable rules of all parties is a prerequisite for resolving the disputes. The more complete the materials and clearer the timeline, the greater the initiative that can be grasped in subsequent negotiations and litigation. When analyzing specific cases, it is recommended to take the timeline as the main line, and to match contracts, vouchers, communication records, and relevant legal bases one by one, forming a clear processing framework to facilitate the determination of the priority and feasibility of various claims.

II. Key points of contention

First, the calculation method and start and end dates of the medical leave period. Second, whether the labor relationship continues and the obligation to pay social insurance premiums remains during the medical leave period. Third, the rules for sharing the social insurance costs between the employer and the employee. Fourth, the legal consequences of the employer suspending social insurance payments and the path for making up for the payments. Fifth, the procedures for the worker's return to work, job transfer, and termination after the medical leave period ends. Sixth, whether the order of rights assertion and the pre-litigation procedures have been satisfied. Seventh, whether the authenticity, legality, and relevance of the evidence can withstand scrutiny. Eighth, how to balance the interests of third parties and the public interest. Ninth, the trade-offs between efficiency and outcomes between settlement, mediation, and adjudication. In addition, attention should also be paid to whether the form of evidence is legal, whether key facts can corroborate each other, and the differences in cost, time, and feasibility of different handling solutions. On this basis, the priority path to be pursued should be determined.

III. Professional analysis by Henglue Lawyers

The practical experience of Henglue Lawyers is that the core of social insurance disputes lies in whether the labor relationship still exists. During the medical leave period, the labor relationship between the worker and the employer has not been terminated, and the employer cannot stop paying social insurance on the grounds of the worker not providing labor. The part of the social insurance fees that should be paid by the employer shall be borne by the employer, and the part that should be paid by the individual shall be borne by the individual. Usually, the social insurance fees are deducted and paid on behalf of the worker from the sick leave wages. If the sick leave wages are insufficient to offset the social insurance fees, the employer may negotiate with the worker on the handling method, but may not use this as a reason to stop paying social insurance altogether. If the worker's medical insurance benefits are affected due to the employer's failure to pay social insurance, the worker may require the employer to bear the corresponding losses. If the worker is still unable to perform his/her original work or any other arranged work after the expiration of the medical leave period, the employer shall handle it in accordance with the statutory procedures and pay economic compensation or corresponding medical subsidies, and cannot simply terminate the relationship by declaring the worker as absent without leave or voluntarily resigning.

IV. Practical suggestions and legal basis

Action list: First, calculate the duration of my medical leave and clarify the start and end dates; Second, check the social insurance payment records on a monthly basis to detect any suspension of payments in a timely manner; Third, keep the sick leave certificates and leave procedures; Fourth, when the company suspends payments, request in writing for retroactive payments and keep the relevant proof; Fifth, after the expiration of the medical leave, communicate with the company in writing about returning to work or being transferred to a new position. For disputes involving social insurance and sick leave benefits, you can refer to the relevant provisions.Labor arbitration and work-related injury compensation; For reference, you can refer to the employment management system of the relevant units.Business and contract disputes in enterprisesLegal basis: Article 58, Article 60, and Article 63 of the Social Insurance Law of the People's Republic of China (effective July 1, 2011); Article 3 and Article 4 of the Regulations on the Medical Leave for Enterprise Employees Suffering from Illness or Non-work-related Injuries (effective January 1, 1995). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

First, the labor relationship continues during the medical leave period, and the obligation to pay social insurance premiums is not exempted due to the leave. Second, the individual portion is borne by the individual, but this cannot be used as a reason for the unit to stop paying social insurance premiums altogether. Third, regularly checking the payment records can help detect problems as early as possible. Fourth, the termination of the employment contract after the medical leave period should follow legal procedures and the corresponding compensation should be paid. Fifth, if the unit stops paying social insurance premiums, the employee should request the unit to make up for the payments in writing as soon as possible and keep the payment records to avoid affecting the continuity of medical insurance benefits and pension payment periods. If necessary, the employee should report the situation to the social insurance agency or the labor and social security supervision department. For issues involving social insurance premium payments and benefit losses, the employee can seek legal help through relevant channels.Labor arbitration and work-related injury compensationThe service is supported, and those who need help with the review of their enterprise's employment system can seek assistance from us.Business and contract disputes in enterprisesFor reference, you can check the implementation of the compensation payment in the section related to this topic.Creditor's rights and debts, and enforcementColumn.

VI. Frequently Asked Questions

Q1: Does the employer still pay for social insurance during the sick leave period?

It should continue to be paid. During the medical leave period, the employment relationship remains in effect, and the employer should still pay social insurance premiums on time and in full in accordance with the law. The personal portion shall be borne by the individual, and usually the employer will deduct and pay it on behalf of the employee from the sick leave salary. Such issues must also be judged based on complete materials and statutory periods. The parties concerned should promptly fix evidence, pay attention to the statute of limitations and procedural deadlines, confirm key matters in writing, and, if necessary, choose a suitable path and claim in time with the assistance of professional lawyers to reduce the adverse effects of insufficient evidence or the expiration of the time limit.

Q2: Can we let employees bear the full cost themselves?

No. The employer should bear the portion of the social insurance premiums payable by the unit, and requiring workers to bear all the costs is not in accordance with the law. The personal portion may be borne by the workers, but this does not change the employer's obligation to declare and pay the premiums in accordance with the law. Such issues should also be judged based on the complete materials and statutory periods. The parties concerned should promptly fix the evidence, pay attention to the statute of limitations and procedural deadlines, confirm the key matters in writing, and, if necessary, choose a suitable path with the assistance of professional lawyers and assert their rights in a timely manner to reduce the adverse effects caused by insufficient evidence or the expiration of the time limit.

Q3: What should I do if my employer stops paying social insurance for me?

You can request the unit in writing to make up for the payment and keep the communication records, and at the same time, report the matter to the social security agency or the labor and social security supervision department. If you cannot enjoy medical insurance benefits due to the suspension of payment, you can request the unit to compensate for the corresponding losses. Such issues also need to be judged based on complete materials and statutory periods. The parties concerned should promptly fix the evidence, pay attention to the statute of limitations and procedural deadlines, confirm key matters in writing, and, if necessary, choose an appropriate path and claim in time with the assistance of a professional lawyer to reduce the adverse effects caused by insufficient evidence or the expiration of the time limit.

Q4: How long is the medical leave period?

According to the regulations, it is determined based on the actual working years of the worker and the length of service in the current unit, with a minimum of three months and a maximum of 24 months. The specific period is calculated based on the worker's seniority. The calculation and extension of the medical leave period shall be implemented in accordance with the relevant regulations. Such issues also need to be judged based on complete materials and statutory periods. The parties concerned should promptly fix the evidence, pay attention to the statute of limitations and procedural deadlines, confirm key matters in writing, and, if necessary, choose a suitable path with the assistance of professional lawyers and assert their rights in a timely manner, in order to reduce the adverse effects caused by insufficient evidence or the expiration of the time limit.

Q5: Can I still request leave after the medical leave period expires?

After the expiration of the medical leave, if further treatment is still needed, the employee may apply for other leave or negotiate with the employer. If the employee is unable to perform their original job or any other arranged work, the employer may legally terminate the labor contract, but must follow the statutory procedures and pay economic compensation. Such issues must also be determined based on complete materials and statutory periods. The parties involved should promptly secure evidence, pay attention to statutes of limitations and procedural deadlines, confirm key matters in writing, and, if necessary, choose appropriate paths and assert their rights with the assistance of professional lawyers to reduce the adverse effects of insufficient evidence or expired time limits.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.