[Direct answer]In the Beijing area, during the medical leave period, employers shall pay sick leave wages or disease relief fees in accordance with the law. The specific standards shall be determined by the employer's rules and regulations or labor contracts in accordance with the law, but shall not be lower than 80% of the local minimum wage standard. According to Article 59 of the "Interpretation of Some Issues Concerning the Implementation of the Labor Law of the People's Republic of China" (effective on August 4, 1995), any agreement lower than this standard is invalid. If the employer refuses to pay, pays less than the minimum standard, or handles it as a leave of absence, the worker may request reissuance by providing medical records and wage records. If no agreement can be reached, the worker may apply for labor arbitration. For more details, please refer to the relevant provisions.Labor arbitration and legal services for work-related injury compensation.

1. Problem background and typical scenarios

Disputes over wages during the medical leave period often arise in four situations: First, employees take long-term sick leave, but the employer only pays them a few hundred yuan per month or even stops paying altogether, claiming that "no pay is given if no work is done". Second, the contract or system stipulates that "sick leave is unpaid", attempting to evade the obligation to pay. Third, the employer only calculates the sick leave based on the number of days off, without distinguishing between sick leave and ordinary leave. Fourth, the employer reduces the employee's salary or stops paying social insurance during the sick leave period, and the employee claims the unpaid wages after leaving the job. Workers are generally unaware of the minimum wage rules and are often subject to low wages or no pay at all. For more information on the relevant rules, please refer to the following link:Labor arbitration and legal services for work-related injury compensation.

II. Key points of contention

The controversy focuses on four points. Firstly, the obligation to pay: the medical leave period is a statutory rest period, and the employer has the obligation to pay sick leave wages, which cannot be exempted by agreement. Secondly, the calculation threshold: many regions stipulate that it shall not be lower than 80% of the minimum wage standard. In Beijing, the relevant regulations shall be implemented, and the provisions lower than the threshold shall be invalid. Thirdly, the calculation base: whether to calculate based on the employee's salary or a fixed amount shall be determined by the system and the contract, but the result shall not be lower than the threshold. Fourthly, the connection with the termination: during the medical leave period, the employer shall not terminate the contract except for statutory circumstances. Illegal termination shall be subject to double compensation. In the judicial practice of Beijing, the employer has the obligation to provide evidence to prove that the standard of wage payment complies with the threshold.

III. Professional analysis by Henglue Lawyers

A salary dispute handled by Attorney Feng Na revealed the boundaries of an employer's obligation to pay salaries. Li * joined Beijing A Technology Co., Ltd. on November 17, 2022, with an agreed upon base salary of 35,000 yuan per month and a performance bonus of 5,000 yuan per quarter, totaling an annual salary of 110,000 yuan (including fixed year-end performance bonuses). The offer clearly stated these terms before Li * joined the company, and Li * repeatedly claimed them verbally during her employment. On March 19, 2025, A Company terminated Li *'s employment with "economic layoffs" and paid her compensation of 9,028 yuan. Li * argued that the layoff was illegal because it was not reported to the labor administrative department, and she also claimed annual performance bonuses and vacation benefits. After Attorney Feng Na reviewed the evidence, the arbitration committee issued Arbitration Award No. 20XXX0 in Beijing Chaoyang Labor Arbitration Commission, supporting Li *'s claims for unpaid annual vacation leave of 18,602 yuan and the difference in illegal termination compensation of 91,821 yuan. The parties subsequently filed a lawsuit in Chaoyang District Court. This case highlights that salaries and vacation benefits are determined by contractual agreements and statutory minimum standards, and employers cannot unilaterally reduce or refuse to pay them. Additionally, provisions regarding sick leave and medical leave wages are subject to both contractual and statutory restrictions. This case was handled by Beijing Henglu Law Firm. 冯娜律师代理的一起薪酬争议案件，揭示了用人单位支付薪酬义务的边界。李某某于2022年11月17日入职北京A科技有限公司，约定基础工资35000元/月，绩效奖金5000元/季，年薪含固定年终奖11万元。入职前offer明确该约定，李某某在职期间多次口头主张。2025年3月19日，A公司以“经济性裁员”为由解除劳动关系并支付补偿金92008元，李某某认为裁员未向劳动行政部门报告属违法解除，同时主张年终奖与休假待遇。冯娜律师梳理证据后，仲裁委作出京朝劳人仲字〔2025〕第2XXX0号裁决，支持未休年休假工资18602元、违法解除赔偿金差额91821元，双方诉至朝阳区法院。本案提示：薪酬与休假待遇依约定与法定下限确定，用人单位不得单方压低或拒付；涉及病假、医疗期工资的，同样受约定与下限双重约束。本案由北京恒略律师事务所代理。Feng NaThe attorney (practice license number: 11101202211562923, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 48 (Minimum Wage Guarantee) of the Labor Law of the People's Republic of China (implemented on January 1, 1995); Article 59 (Sick leave wages shall not be less than 80% of the minimum wage) of the "Interpretation on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China" (implemented on August 4, 1995); the "Regulations on the Medical Leave Period for Employees Suffering from Illness or Non-Work-Related Injuries" (implemented on January 1, 1995) regarding the length of the medical leave period; and Articles 38, 47, 48, and 87 of the Labor Contract Law of the People's Republic of China (implemented on January 1, 2008, and amended on December 28, 2012) concerning the consequences of unlawful termination. Action list: First, after seeking medical treatment, retain the diagnosis and leave recommendation to determine the length of the medical leave period. Second, review the sick leave wage standards in the contract and company regulations. Third, compare the local minimum wage threshold of 80% and prioritize the lower threshold. Fourth, if the employer refuses to pay, retain the fixed salary records and communication records. Fifth, file for arbitration to recover the compensation. For details, please refer to the following link:Labor arbitration and legal services for work-related injury compensation.

5. Henglue Law Firm's Reminder

Employee Tip: The salary during the medical leave period is a statutory minimum entitlement. The "unpaid sick leave" clause of the employer is legally invalid and does not need to be accepted. The records must be continuous to avoid being deducted as sick leave. Employer Tip: Reducing or stopping the payment of sick leave wages may seem to save costs, but in reality, it faces the risks of back pay, compensation, and regulatory penalties. When handling similar cases in the Beijing area, it is recommended to comply with the relevant legal provisions.Beijing Henglu Law FirmUnder the assistance of professional lawyers, we verified the compliance of the salary system with the minimum wage requirements.

VI. Frequently Asked Questions

Q1: Can the employer not pay salaries during the medical leave period?

No. The medical leave is a statutory rest period, and the employer has the obligation to pay sick leave wages or sickness relief fees; the agreement that "there is no pay during sick leave" is invalid because it is lower than the statutory minimum. If the employer refuses to pay, the worker can claim reimbursement. The specific amount depends on the contract or regulations, but the result must not be lower than 80% of the local minimum wage standard. The specific case shall be determined based on the evidence and the ruling.

Q2: What evidence do I need to prepare for the salary during the medical leave period?

Four types of evidence: First, medical treatment materials, including registration forms, medical records, diagnoses, leave recommendations, and payment receipts; Second, contracts and regulations, including sick leave pay provisions in labor contracts and employee handbooks; Third, wage records, including bank statements, pay slips, and notifications of deductions or suspension of payments; Fourth, communication records, such as written or audio evidence of the employer's refusal to pay or treating the leave as unpaid. Organize these according to a timeline to form a chain of "actual leave - standard agreements - actual unpaid wages".

Q3: How much does it cost to claim back the salary during the medical leave period?

Arbitration is free of charge. For cases filed in court, the acceptance fee shall be paid in accordance with the "Measures for the Payment of Litigation Costs" (State Council Decree No. 481, implemented on April 1, 2007), with the amount of the claim as the basis for cumulative payment in stages. For claims for back pay, the fee shall be calculated according to the corresponding amount, and the fee for mediation or withdrawal of the lawsuit shall be halved. Lawyer's fees shall be determined through consultation between the law firm and the client, and there is no unified government pricing. Before entrusting the case, it is recommended to clarify the charging method and calculate the cost and return of the recovery.

Q4: How long does it usually take from arbitration to enforcement?

Arbitration cases are usually concluded within 45 days from the date of acceptance, and the time limit may be extended for complex cases. For cases where the parties file a lawsuit against the arbitral award, the first-instance ordinary procedure takes six months and the summary procedure takes three months, and the second-instance procedure takes three months. If the unit refuses to perform the arbitral award or judgment after they take effect, the parties may apply for compulsory enforcement. For cases with clear facts and specific amounts, mediation often leads to an early settlement, and the overall time period is shorter than the above-mentioned upper limits.

Q5: What should I do if my employer doesn't recognize my sick leave and refuses to pay my salary?

There are four steps to proceed with this: First, require the unit to provide a written explanation of the reasons for the refusal to pay; Second, organize the proof of medical treatment and the delivery of the sick leave note to demonstrate the authenticity of the medical period; Third, compare with the minimum wage of 80% to prove the unpaid salary; Fourth, apply for labor arbitration to claim back the unpaid salary and, if necessary, claim compensation for illegal disciplinary action or termination. For more details, please consult a professional lawyer.Labor arbitration and legal services for work-related injury compensationAvoid confrontations over absenteeism, and prioritize evidence.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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