[Direct answer]The medical leave period is generally between three months and 24 months. According to Article 3 of the "Regulations on the Medical Leave Period for Enterprise Employees Suffering from Illness or Non-work-related Injuries", the medical leave period is determined based on the employee's actual working years and years of service in the current unit: for those with less than 10 years of actual working experience, the medical leave period for those with less than five years of service in the current unit is three months, and for those with more than five years of service, it is six months; for those with more than 10 years of actual working experience, the medical leave period gradually increases from six months to 24 months in line with the employee's years of service in the current unit. The medical leave period is calculated based on the cumulative sick leave time. During the medical leave period, the employer may not arbitrarily terminate the employment contract. In the event of a dispute over sick leave and termination, the parties may resolve the issue through legal channels.Labor arbitration and legal services for work-related injury compensationOrBeijing Henglu Law FirmConsultation and evaluation.

I. Problem background and typical scenarios

When employees suddenly fall seriously ill or suffer from chronic diseases requiring long-term treatment, their biggest concerns are "how long they can take sick leave", "whether they will be dismissed during the sick leave period", and "whether they will still receive sick leave pay". Typical scenarios include: employees needing to rest for several months after surgery, with the company urging them to return to work or even threatening to treat their absence as absenteeism; employees needing to take intermittent leave due to recurring chronic diseases, with the cumulative number of days approaching the upper limit of the medical leave period; the company directly notifying the employee of the termination of the labor contract when the medical leave period has expired but the illness has not healed; and employees seeing their salary significantly reduced during sick leave and not knowing how to claim compensation. The original intention of the medical leave system is to provide a dismissal protection period for sick employees, allowing their treatment and recovery to be backed by institutional safeguards. However, many employees and employers misunderstand the calculation method of the time limit.

II. Key points of contention

  • How is the medical leave period calculated? The medical leave period does not equal the number of consecutive calendar days off, but is calculated based on the cumulative sick leave time within the prescribed period. Every day that an employee takes sick leave intermittently must be included in the statistics. There are often disagreements between the employer and the employee about "how much leave time remains".
  • The dismissal protection during the medical period: Whether the employer can terminate the contract during the medical period on grounds such as incompetence or layoffs, and whether the employee's concealment of their illness when applying for a job affects the protection, are high-dispute issues.
  • The handling of the expiration of the medical leave: When the employee is unable to perform their original job or any other arranged job after the expiration of the medical leave, the implementation of the dismissal procedures, severance pay, economic compensation, and even the medical assistance fees required in some regions directly affect the amount of money the employee receives.

III. Professional analysis by Henglue Law Firm

When handling labor disputes involving sick leave, Henglue Lawyers usually clarify three aspects first. First, the duration: According to Article 3 of the "Regulations on Medical Leave for Employees Suffering from Illness or Non-work-related Injuries", the medical leave period for employees with less than 10 years of actual work experience and less than 5 years at the current employer is three months, and for those with more than 5 years of actual work experience, it is six months. Second, the cycle: According to Article 4 of the same regulations, the medical leave period of three months is calculated based on the cumulative sick leave within six months, six months within twelve months, nine months within fifteen months, twelve months within eighteen months, and eighteen months within twenty-four months. Therefore, interrupted sick leave will not be "reset and recalculated", but will be deducted on a rolling basis. Third, protection: According to Article 42 of the "Labor Contract Law of the People's Republic of China", during the prescribed medical leave period, the employer may not terminate the labor contract in accordance with Articles 40 and 41. In other words, terminating the contract during the medical leave period on grounds such as "medical leave expiration" or "downsizing due to operational difficulties" is an illegal termination. In practice, many companies directly treat employees' sick leave as absenteeism during the leave period, and employees can claim compensation for illegal termination based on this. It should be noted that the work-related injury system applies to the stop-work and pay-leave period, which is a separate set of rules from the sick leave medical period. For related rights and interests, please refer to the relevant provisions.Legal services for personal injury and medical disputesWe'll evaluate it separately.

IV. Practical suggestions and legal basis

At the legal basis level: Article 40(1) of the Labor Contract Law of the People's Republic of China stipulates that if a worker suffers from an illness or a non-work-related injury and is unable to perform his/her original job or the job arranged by the employer after the expiration of the prescribed medical leave period, the employer may terminate the labor contract by giving the worker a written notice 30 days in advance or by paying an additional month's salary; Article 46 clearly stipulates that in this case, the employer shall pay economic compensation, and Article 47 stipulates that the compensation shall be calculated at the standard of one month's salary for each completed year of service. Regarding sick leave benefits, Article 59 of the "Opinions on Implementing the Labor Law of the People's Republic of China" stipulates that during the period of treatment for an illness or a non-work-related injury, the sick leave salary may be lower than the local minimum wage standard, but it shall not be less than 80% of the minimum wage standard. The specific amount shall also be determined in accordance with the employer's rules and local regulations. At the practical advice level: When requesting sick leave, the worker should submit the diagnosis certificate, medical records, and sick leave notes in accordance with the employer's procedures and keep the delivery records. It is strictly prohibited to request sick leave orally without providing supporting documents. If the worker's condition has not improved after receiving the return-to-work notice, he/she should promptly provide a written explanation and continue to submit medical institution certificates. If the worker is unlawfully terminated, he/she should pay attention to preserving evidence such as the labor contract, salary records, and termination notices, and assert his/her rights within the one-year arbitration statute of limitations after leaving the job.

5. Henglu Law Firm's Reminder

The core of the dispute over the medical leave period is whether the calculation of the period is correct and whether the termination exceeds the protection line. Employees should actively preserve evidence: every time they request leave, there should be written records, and every time they receive a notice of termination or a reminder, they should keep the complete copies. Only then will their claims for medical leave and sick pay have a factual basis. Employers should also understand that forcing termination during the medical leave period not only faces compensation for illegal termination, but may also trigger a series of claims for sick pay and medical subsidies. If the employee is still not fully recovered after the medical leave period ends, there's no need to panic. They can continue to submit sick leave certificates according to regulations, negotiate with the employer to extend the leave, or claim economic compensation and local-level medical subsidies if they are terminated. For other legal issues related to employment, they can seek assistance through legal channels.Special services and other case-related servicesUnderstand, or throughLabor arbitration and legal services for work-related injury compensationObtain a targeted solution.

Q1: Is the medical leave period counted as a continuous period of rest or is it calculated cumulatively?

The medical leave period is calculated based on the cumulative sick leave time. According to Article 4 of the "Regulations on the Medical Leave Period for Enterprise Employees Suffering from Illness or Non-Work-Related Injuries", different durations correspond to different cumulative periods: for example, if the medical leave period is three months, the cumulative sick leave time is calculated within six months; if the medical leave period is six months, it is calculated within twelve months; and if the medical leave period is 24 months, it is calculated within 30 months. For example, if an employee's medical leave period is three months, he/she first takes a one-month sick leave, returns to work for a period of time, and then takes another sick leave. The combined number of days of sick leave will be counted towards the cumulative amount of the six-month period, rather than "only being used up after three consecutive months of leave". Therefore, workers who take sick leave intermittently should keep the start and end dates of each leave and calculate the cumulative sick leave time to determine whether the medical leave period has expired.

Q2: Can the company dismiss me during the medical leave period?

It cannot be terminated at will. According to Article 42 of the Labor Contract Law of the People's Republic of China, if a worker is ill or injured non-work-related during the prescribed medical leave period, the employer shall not terminate the labor contract in accordance with Article 40 (non-fault termination) or Article 41 (economic layoffs). If the worker fails to meet the employment conditions during the probationary period or commits serious disciplinary violations, the employer may still terminate the contract according to law, but must bear the corresponding burden of proof. If the worker is dismissed on the grounds of poor performance, being the last to be eliminated, or layoffs during the medical leave period, according to Articles 48 and 87 of the law, the worker may claim to continue to perform the labor contract or demand that the employer pay double the economic compensation standard as compensation for the illegal termination. After receiving the notice of termination, the worker should immediately preserve evidence and consult a lawyer to evaluate the solution plan.

Q3: How are salaries paid during sick leave?

The implementation of sick leave wages follows the principle of "lowest acceptable standard rather than highest". Article 59 of the "Opinions on Implementing the Labor Law of the People's Republic of China" stipulates that during the period of treatment for illness or non-work-related injury, the employer shall pay the employee's sick leave wages or disease relief fees in accordance with relevant regulations within the prescribed medical period. The payment may be lower than the local minimum wage standard, but not less than 80% of the minimum wage standard. Various regions have detailed rules on the calculation base and proportion of sick leave wages. Some units' rules and regulations stipulate that the payment shall be made at a certain percentage of the employee's salary, and the agreed standard higher than the statutory lower limit shall prevail. Workers should check whether the actual wages paid during the sick leave period are lower than the statutory lower limit. If not, they can seek supplementation through arbitration or complaints to the labor supervision department.

Q4: If I can't work after the medical leave expires, will I receive compensation if my contract is terminated?

Yes. According to Article 40(1) of the Labor Contract Law of the People's Republic of China, if an employee is unable to perform their original job or any other arranged job after the expiration of their medical leave, the employer shall notify the employee in writing 30 days in advance or pay an additional month's salary before terminating the labor contract; according to Article 46(3), in the event of termination in this situation, the employer shall pay economic compensation in accordance with the standards set forth in Article 47, that is, one month's salary for each year of service in the same unit, one year's salary for more than six months but less than one year, and half a month's salary for less than six months. At the same time, it should be noted that before terminating the contract, the employer should first arrange for job adjustments. Terminating the contract directly without going through this procedure constitutes an illegal termination, and the employee can claim double compensation. Some regions also stipulate that medical subsidies should be paid, and the employee can claim them together with the local regulations.

Q5: What should I do if my medical leave has ended but my condition hasn't improved yet?

The expiration of the medical leave period does not mean that the labor contract will automatically terminate, nor does it mean that the employee must immediately return to work. If the employee has not fully recovered, they can continue to submit the diagnosis certificates and leave recommendations issued by the medical institution to the employer, apply for a continuation of the sick leave, or negotiate a job adjustment or reduced working hours. If the employer terminates the contract in accordance with Article 40 Paragraph 1 of the Labor Contract Law, the employer shall verify whether it has fulfilled the preliminary procedures for arranging alternative work, whether it has given a written notice 30 days in advance or paid compensation in lieu of notice. If the procedures are lacking, the employee can claim that the termination is illegal. If the long-term sick leave results in the termination of the contract, the employee can also claim medical subsidies in accordance with local regulations. It is recommended to maintain written communication and preserve all medical documents throughout the process. If disputes arise, it is advisable to consult professional labor lawyers as soon as possible to settle the compensation items and amounts in one go.

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 Henglu Law Firm