[Direct answer]Beijing's official stance: During the sick leave period, the sick leave salary shall be paid in accordance with the provisions of the labor contract and the collective contract; if there are no such provisions, it shall not be less than 80% of the minimum wage standard in Beijing, and 80% of the minimum wage standard is the bottom line (the current minimum wage standard in Beijing is 2,540 yuan per month, and the bottom line for sick leave is about 2,032 yuan per month). Sick leave is protected by a medical period - employees enjoy a medical period of three to 24 months according to their length of service. During the medical period, the company shall not dismiss employees on grounds such as being unqualified or being subject to economic layoffs.

I. Problem background and typical scenarios

After taking three months of sick leave, the company either pays no salary at all or pays only 10% of the basic salary. Deductions from sick leave pay are the most common disputes during the employee physical examination season. Another common misunderstanding is that employees believe sick leave is unlimited, while companies believe that employees can be dismissed if they take sick leave for more than three days. Both sides are wrong. The rules on the medical leave period serve as the standard for defining the boundaries in such cases.

II. Key points of contention

First, the calculation basis and minimum standard for sick leave pay. Second, the calculation of the length of the medical period. Third, the restrictions on dismissal during and after the medical period. Fourth, the protection of the rights of employees on long-term sick leave.

III. Professional analysis by Henglue Law Firm

First, the standard for sick leave pay: Beijing's rules prioritize contractual agreements—if the labor contract or collective contract stipulates sick leave pay, the provisions shall apply (but cannot be lower than the statutory minimum); if no such provisions exist, the pay shall not be less than 80% of the city's minimum wage; sick leave pay is calculated based on the number of days of sick leave. Note that sick leave pay is a "living guarantee during sick leave" rather than full salary. If the company pays according to normal salary, it exceeds the statutory standard; paying zero or far below the minimum standard is illegal. Employees' pay slips and attendance records are the first-hand evidence to verify whether sick leave pay complies with regulations. Second, the calculation of the medical leave period: It is determined based on actual working years and the length of service in the current unit—for those with less than 10 years of actual working experience and less than 5 years of service in the current unit, the medical leave period is three months; for those with more than 10 years of actual working experience and less than 5 years of service, it is six months; for those with more than 10 years of actual working experience and more than 5 years of service, it is six months for the first five years and nine months for the next five years; for those with more than 15 years of actual working experience, it is 18 months starting from the 15th year. The medical leave period is calculated based on the cumulative number of days of sick leave during the specified period. Third, restrictions on dismissal during the medical leave period: The company cannot terminate the contract under Article 40 (no-fault dismissal) or Article 41 (economic layoffs) of the Labor Contract Law during the medical leave period—"dismissing you because you're too sick to work" is illegal during the medical leave period. Exceptions apply to employees with faulty circumstances (Article 39: serious violations of discipline, fraud, etc.). If the employee cannot perform their original job or any other arranged job after the medical leave expires, the company may terminate the contract according to Article 40, but must provide 30-day written notice or pay an additional month's salary and compensation. According to relevant regulations, those terminated after the medical leave expires should also be paid medical subsidies (not less than six months' salary, with additional subsidies for serious illnesses or terminal diseases), which many companies fail to pay. Fourth, compliance with sick leave procedures: On the employee side—submit a sick leave application, a medical institution's diagnosis certificate, and a sick leave recommendation letter according to the company's system; return to work after recovery according to the process; for long-term sick leave, submit renewal materials on a regular basis. On the company side—set reasonable procedures for sick leave approval. Arbitration tribunals generally do not support dismissals during the medical leave period on the grounds of " failing to follow the system procedures." False sick leave (obtaining sick leave certificates) constitutes a serious violation of discipline and is a separate issue. Fifth, dispute resolution timeline: For withheld sick leave pay, first send a written demand with evidence; for unlawful dismissal during the medical leave period, file a labor arbitration within one year to claim continued employment or compensation (twice the standard of economic compensation); during long-term sick leave, social insurance and housing provident fund payments are unaffected by the suspension of payments by the company, which is also an illegal action. Beijing arbitration institutions have highly standardized rulings on sick leave pay cases, with clear bottom lines and evidence focused on the facts of sick leave and salary standards.

IV. Practical suggestions and legal basis

The first step is to determine the bottom line: if the sick leave pay is less than 80% of the minimum wage, it is illegal. First, check and then demand repayment; the second step is to calculate the medical period: according to the length of the medical period corresponding to the length of service, confirm the scope of protection; the third step is to keep the sick leave materials: diagnosis certificates, leave records, and pay slips should be archived monthly; the fourth step is to safeguard rights in time: demand repayment in writing for withheld wages, and apply for arbitration within the one-year arbitration time limit for illegal dismissal. The main legal basis: Articles 40 to 42 of the Labor Contract Law of the People's Republic of China, Article 3 of the Regulations on the Medical Period for Enterprise Employees Suffering from Illness or Non-work-related Injuries, and Article 21 of the Beijing City Wage Payment Regulations; the specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Reminder

There are three key points regarding sick leave pay: in Beijing, the minimum amount is 80% of the minimum wage, and the agreed amount can only be higher, not lower; the medical leave period ranges from three to 24 months depending on the employee's length of service, and it is illegal to dismiss an employee during this period; upon the expiration of the medical leave period, the employer must pay compensation and medical subsidies, and any unpaid amounts will be recovered. Disputes regarding sick leave pay and medical leave periods can be resolved through legal channels.Labor arbitration and work-related injury compensationWe can provide a comprehensive solution for services, which includes the compliance design of the enterprise's sick leave system.Intellectual property protection and corporate lawFor reference, you can check the sections related to leave notes and the review of leave applicationsSpecialised legal servicesFor cases involving personal injury and liability sharing, you can refer to the following sections for referencePersonal injury and medical disputes板块。

VI. Frequently Asked Questions

Q1: Is sick leave pay calculated based on the basic salary or the full salary?

If there is an agreement, the payment shall be in accordance with the agreement; if there is no agreement, the minimum standard is 80% of the minimum wage. If the company pays a higher salary, the payment shall be based on the company's standard.

Q2: Will I be fired if I take more sick leave than the medical leave period?

If the employee is still unable to perform their original job or any other arranged job after the expiration of the medical leave, the company may terminate the employment contract in accordance with the law, but it is required to pay the employee economic compensation and medical assistance fees.

Q3: What should the company do if it counts sick leave as absenteeism?

Keep the diagnosis certificate and the record of submitting the leave request, so as to apply for arbitration against the illegal termination of the contract, claim for continued performance of the contract or compensation for damages.

Q4: Do I still need to pay for social insurance during my sick leave?

During the medical leave period, the employment relationship remains in effect, and the obligation to pay social insurance and housing provident fund is not affected by the sick leave. Any suspension of payment is illegal.

Q5: Under what circumstances can medical aid fees be claimed?

When the medical leave expires and the labor contract is terminated, the employee can claim compensation, the standard of which shall not be less than six months' salary. For serious illnesses and terminal diseases, additional compensation shall be paid in accordance with the relevant regulations.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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.