[Direct answer]In the Beijing area, the medical leave period is calculated from the date when the worker actually begins treatment, rather than from the date of requesting leave or the date the hospital issues a diagnosis certificate. The "Regulations on Medical Leave for Employees Suffering from Illness or Non-work-related Injuries" (Labor Department Decree No. 479 [1994]) stipulates that the medical leave period refers to the unspecified fixed period of sick leave during which employees are allowed to take a break from work for treatment due to illness or non-work-related injuries. The length of the medical leave period is determined based on the employee's length of service with the company: for those with less than one year of service, the medical leave period is three months; for those with five years of service, it is six months; for those with ten years of service, it is twelve months; and for those with 15 years or more of service, it is 24 months. In practice, the starting point is usually the date specified in the diagnosis certificate and rest certificate issued by the medical institution. It should be noted that the concept of medical leave differs from that of sick leave. Medical leave is a legal concept used to determine the binding conditions for employers to terminate or discontinue labor contracts during this period.Labor arbitration and work-related injury compensationThe services in this column can assist in calculating the medical leave period and addressing the risk of termination.

1. Problem background and typical scenarios

Common consultation situations include: being dismissed by the company for absenteeism during a long-term sick leave, worrying that the medical leave period has not expired; not knowing the deadline after taking a long-term sick leave; being dismissed after the medical leave period has expired but believing it has not yet ended; how to calculate the length of service after working at another company after joining the current one; and how the salary should be paid during the medical leave period.Special services and other casesThe explanations on sick leave management in the column can be used for reference.

II. Key points of contention

Focus One: Determination of the starting date of the medical leave period. Focus Two: Combined calculation of cumulative working years. Focus Three: Standards for wage benefits during the medical leave period. Focus Four: Rules for handling after the medical leave period expires. Focus Five: Determination of the extension of the medical leave period due to serious illness. Focus Six: Responses to terminations due to absenteeism by the company.Business and contract disputes in enterprisesThe institutional design suggestions in the column can be used for reference.

III. Professional analysis by Henglue Law Firm

When handling disputes over medical leave, Henglue Law Firm typically proceeds in four steps. The first step is to secure key evidence: collecting diagnosis certificates, rest-and-recovery certificates, and hospitalization records issued by medical institutions to determine the start date of the medical leave, which directly determines the starting point of the medical leave. The second step is to verify the length of service: the duration of the medical leave depends on the worker's length of service in the current unit and the total length of service, so it is necessary to collect labor contracts, social insurance payment records, and employment certificates from previous units, as the cumulative length of service may be combined for calculation. The third step is to verify the legality of termination: there are strict restrictions on employers terminating labor contracts during the medical leave period, and employers typically need to meet statutory conditions and provide advance notice. Therefore, it is necessary to review whether the reasons cited in the termination notice are valid. The fourth step is to assess wage benefits: during the medical leave period, employers should pay sick leave wages, with the specific standards implemented in accordance with current regulations and the terms of the labor contract. Employers are not allowed to pay wages below the local minimum wage. It should be noted that if the worker actually did not receive treatment but merely used sick leave as an excuse to delay returning to work, they may be deemed to have absented without authorization, so it is essential to maintain the authenticity and continuity of medical documents.Intellectual property protection and corporate lawThe employment compliance advice in the column can be supplemented.

IV. Practical suggestions and legal basis

Action recommendations: 1. Preserve all diagnostic certificates, recuperation certificates, and hospitalization records. 2. Organize evidence of cumulative work years. 3. Confirm the approval process for medical leave and sick leave with the company in writing. 4. Legally claim sick leave wages and retain payment records. 5. Assess the legality of the company's termination actions and consider arbitration. 6. Pay attention to the transition of rights after the expiration of the medical leave period. Legal basis: - "Regulations on Medical Leave for Enterprise Employees Suffering from Illness or Non-work-Related Injuries" (Labor Department Notice [1994] No. 479); - Provisions on sick leave and wages in the "Labor Law of the People's Republic of China" (amended in 2018); - Article 42 of the "Labor Contract Law of the People's Republic of China" (amended in 2012, effective July 1, 2013) regarding the prohibition of terminating labor contracts during the medical leave period; - Specific applications shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the starting point of the medical leave period shall be based on the actual treatment, not on verbal agreements. Secondly, the combined calculation of the working years requires the support of social insurance and work certificates. Thirdly, the employer may terminate the employment contract during the medical leave period, but it's not absolutely prohibited. It must comply with the statutory circumstances, and the relevant system design can be referred to for reference.Special services and other cases4. The sick leave pay shall not be lower than the local minimum wage standard, and the employer shall not stop paying it completely on the grounds of business difficulties. 5. If the company terminates the employment contract on the grounds of absenteeism, it shall focus on verifying whether the notification procedure has been carried out and whether the medical documents are complete. 6. Pay attention to the distinction between the period of suspension of work and salary during the work-related injury and the period of suspension of work and salary during sick leave. The duration and benefits of the two are completely different.Special services and other casesThe deadline calculation instructions in the column can be used for reference.

VI. Frequently Asked Questions

Q1: When exactly does the medical leave period start?

Generally, the calculation starts from the date when the worker actually begins treatment. In practice, the starting date specified in the diagnosis certificate and rest certificate issued by the medical institution is usually taken as the reference, rather than starting from the date of oral leave application or the date of submitting the application. Therefore, the date on the diagnosis certificate is very important. It is recommended that workers obtain and properly preserve it after visiting the doctor. If there are multiple intermittent treatments, the medical leave period should be calculated cumulatively. Whether the time of interruption should be deducted is controversial in practice. It is recommended to confirm the starting date with the unit in writing when applying for leave to reduce subsequent disputes.

Q2: What is the maximum length of the medical leave period?

It is determined based on the worker's length of service in the current unit and the total length of service in the current unit, and is divided into four tiers: those with a length of service of less than a certain period are entitled to three months; those with a length of service of five years are entitled to six months; those with a length of service of ten years are entitled to twelve months; and those with a length of service of fifteen years or more are entitled to twenty-four months. It is important to distinguish between the concepts of cumulative length of service and length of service in the current unit. The length of service in the current unit determines the tier of the medical leave, while the cumulative length of service may have different impacts in other circumstances. Therefore, when calculating the duration, it is necessary to check both types of length of service and retain the supporting materials.

Q3: How are salaries paid during the medical leave period?

During the medical leave period, the employer shall pay sick leave wages, the standard of which shall be agreed upon by the parties, but shall not be lower than the local minimum wage standard, and shall be paid monthly. The employer shall not completely stop paying the wages on the grounds of operational difficulties. Employers usually determine the calculation method of sick leave wages according to the salary system, employee handbook or local relevant regulations. A common practice is to calculate it according to a certain percentage of the employee's normal salary, and some calculate it according to the basic salary standard specified by local regulations. If the company refuses to pay or the amount is obviously lower than the standard, the employee can keep the pay slips and bank statements as evidence and claim the difference through labor arbitration. It should be noted that the sick leave wages during the medical leave period and the treatment of the work-related injury suspension and pay period are of different nature, and the two cannot be claimed together.

Q4: What should I do if I'm dismissed by the company during the medical leave period?

You can claim compensation for unlawful termination. The Labor Contract Law clearly stipulates that during the medical leave period, the employer shall not terminate the labor contract on the grounds of fault-based dismissal, economic layoffs, or contract expiration. If the company terminates the contract during the medical leave period on the grounds of absenteeism, serious violations of discipline, or incompetence, it shall first verify whether the medical documents are complete, whether the notification procedure has been carried out, whether the grounds for termination are supported by evidence, and whether they fall within the statutory circumstances allowing termination. Practical advice is to first secure evidence of the medical leave period, then claim rights through labor arbitration, and pay attention to the arbitration time limit.

Q5: I've worked at other companies before. Should my work experience be consolidated and counted together?

Generally, they should be calculated cumulatively. The working years of workers in different employing units are usually calculated cumulatively when calculating the medical period, social insurance benefits, and some economic compensation, which is also a common practice in practice. Evidence can be provided through social insurance payment records, separation certificates issued by previous units, labor contracts, or pay slips. Two points need to be noted: first, the insured locations of different units may be scattered, and the inquiries need to be checked one by one; second, the working years in the current unit are mainly relevant to the medical period, while the cumulative working years only play a role in the calculation of some benefits. It is recommended to clarify the specific benefits in dispute before the calculation.

The above questions and answers are mainly based on the judicial practice in the Beijing area. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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. In case of disputes, please consult a practicing lawyer in time.