[Direct answer]It's not entirely legal. While it's true that sick pay can be lower than normal wages, there is a national minimum standard: it must not be less than 80% of the local minimum wage. If the pay is issued at the full minimum wage or even at a discounted rate, the portion exceeding the minimum standard constitutes deductions. The same rule applies in Beijing, and the specific standards for sick pay should also be determined based on labor contracts, collective contracts, and regulations. If the agreed or regulated standards are higher than the minimum standard, those standards shall prevail. Additionally, the employer may not arbitrarily terminate the contract during the medical leave period. Only after the medical leave period expires and the employee is still unable to work can the employer initiate the termination process and be required to pay compensation.

I. Problem Background and Typical Scenarios

The employee took a two-month sick leave after surgery, but when they checked their pay slip on payday, they only found the minimum wage listed. When they protested to HR, they were told, "Since you didn't come to work during your sick leave, offering you the minimum wage is already a favor." —— There are widespread misunderstandings about sick leave pay. Many companies mistakenly believe that they can "discount the pay" or "give as much as they want," which is the root cause of many legal disputes.

II. Key points of contention

Firstly, what is the legal minimum for sick leave pay? Secondly, can the employer unilaterally implement the minimum wage standard? Thirdly, what is the length of the medical leave period and the conditions for lifting the restrictions? Fourthly, what is the difference between sick leave and the paid leave period during a work-related injury?

III. Professional analysis by Henglue Lawyers

First, the source of the bottom line: According to the "Opinions on Implementing the Labor Law" issued by the former Ministry of Labor, during the statutory medical leave period, employers shall pay sick leave wages or disease relief fees to employees who are ill or injured non-work-related. The payment amount may be lower than the local minimum wage standard, but it cannot be less than 80% of the minimum wage standard—this is the nationwide bottom line. The wage payment regulations in Beijing also establish the rule that sick leave wages cannot be lower than 80% of the city's minimum wage standard. Second, where is the mistake of "paying at the minimum wage level"? The minimum wage is the wage floor under normal working conditions, while the sick leave floor is 80% of the minimum wage. The two cannot be conflated. If employers directly reduce sick leave employees' wages to the minimum wage level, it is equivalent to reducing both floors by 20%. The difference between the two constitutes unpaid labor compensation, and employees can demand supplementary payments. Long-term withholding may also become grounds for forced termination of employment contracts and claims for economic compensation. Moreover, if there are higher provisions for the calculation basis and proportion of sick leave wages in contracts or systems, employers cannot implement them at a lower level. Third, the protection intensity of the medical leave period: The medical leave period is determined based on the employee's actual working years and length of service in the unit, with a minimum of three months and a maximum of 24 months. During the medical leave period, employers cannot terminate contracts through no-fault dismissal or economic layoffs. If the employee cannot resume their original job or engage in alternative work after the medical leave period, the contract can be terminated and economic compensation and medical assistance fees must be paid. Employees who are "dismissed casually" during the sick leave period are likely to face illegal termination, with compensation standards set at twice the amount of economic compensation. Fourth, do not confuse sick leave with work-related injuries: During the suspension of work and payment of wages for work-related injuries, the original wage and welfare benefits remain unchanged, and the employer shall pay monthly. It is a completely separate system from sick leave wages. If sick leave wages are paid based on work-related injuries, the resulting wage differences and subsequent disputes over benefits will be even greater. The correct approach is to first follow the correct procedures for identifying work-related injuries before addressing compensation issues.

IV. Practical suggestions and legal basis

The first step is to submit a diagnosis certificate from a formal medical institution and the leave application form, and keep a copy of them; the second step is to check the correspondence between the payroll and the number of days of sick leave, and raise objections in writing if it is below the minimum standard; the third step is to preserve the notice of termination and audio evidence during the medical period; the fourth step is to first negotiate compensation for the difference, and if unsuccessful, apply for arbitration and claim full compensation and damages. Main legal basis: Articles 40, 42, 47, and 87 of the Labor Contract Law of the People's Republic of China; Article 59 of the Interpretation of the Labor Law by the Ministry of Labor; the "Regulations on the Medical Leave Period for Employees Suffering from Illness or Non-Work-Related Injuries"; and the relevant regulations on wage payment in Beijing. The specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Advice

There are three key points regarding sick leave pay: The minimum standard is 80% of the minimum wage, and paying directly at the minimum wage level constitutes withholding wages; during the medical leave period, employers cannot arbitrarily terminate the employment contract, and even if the contract is terminated after the medical leave period, compensation and subsidies must be provided; during the period of work suspension and pay retention due to work-related injuries, the original salary and benefits remain unchanged. Employees should not accept a pay reduction under the guise of sick leave pay. For disputes involving sick leave pay and termination of employment, employees can seek legal assistance through relevant channels.Labor arbitration and work-related injury compensationThe service provides a comprehensive solution, and those involving medical injury compensation can be integrated into it.Personal injury and medical disputesFor plates involving the review of the employment system, you can refer to the relevant content for reference.Business and contract disputes in enterprisesFor any questions regarding difficult situations, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: What's the minimum amount of sick leave pay that can be paid?

It shall not be less than 80% of the local minimum wage standard. If the contract or system stipulates a higher standard, the payment shall be in accordance with that standard.

Q2: Can the employer unilaterally set the sick leave pay at the minimum wage?

No. The part below the statutory minimum wage is considered underpayment, and employees can demand that the employer make up the difference and hold the employer accountable for any related responsibilities.

Q3: What is the maximum length of the medical leave period?

It shall be determined based on the actual working years and the length of service in the current unit, with a minimum of three months and a maximum of 24 months. During this period, the employee is protected from dismissal restrictions.

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

For unlawful termination, the employee can claim either to continue the employment or to claim compensation equivalent to twice the amount of economic compensation, and the statute of limitations is one year.

Q5: Is the salary during the work-related injury leave period also paid according to the sick leave salary?

No. During the period of suspension of work with pay, the original salary and welfare benefits remain unchanged, and the difference paid according to the standard for sick leave can be claimed.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication opinions 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, 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.