[Direct answer]It's not entirely legal — sick leave pay can indeed be lower than normal wages, but there is a national minimum standard: it must not be less than 80% of the local minimum wage. If it is paid at the full minimum wage or even at a discounted rate, the portion exceeding the minimum standard is considered deductions. The same rule applies in Beijing, and the specific standards for sick leave pay should also be determined in accordance with labor contracts, collective contracts, and rules and regulations. If the agreed or institutional standards are higher than the minimum standard, those standards shall prevail. At the same time, the employer shall 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 proceed with the termination process and be required to pay compensation.

I. Problem Background and Typical Scenarios

The employee took a two-month sick leave for surgery, but when they checked their pay slip on payday, they only found the minimum wage. When they argued with the HR department, they were told, "Since you didn't come to work during the sick leave, giving you the minimum wage is already a favor" — the misunderstandings about sick leave pay are widespread. Many companies fall into the trap of misunderstanding "discounted pay" as "pay as much as they want".

II. Key points of contention

First, where is the legal minimum for sick leave pay? Second, can the employer unilaterally implement the minimum wage? Third, the length of the medical period and the lifting of restrictions. Fourth, the difference between sick leave and the period of suspension of work and payment of wages for work-related injuries.

III. Professional analysis by Henglue Lawyers

First, the source of the bottom line: According to the former Ministry of Labor's "Opinions on Implementing the Labor Law", during the medical leave period, enterprises shall pay sick leave wages or disease relief fees to employees in accordance with relevant regulations. 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. Beijing's wage payment regulations 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 wage floor is 80% of the minimum wage. The two cannot be conflated. If an employer directly reduces sick leave employees' wages to the minimum wage level, it effectively reduces both floors by 20%. The difference constitutes underpayment of labor compensation, and employees can demand compensation. Long-term withholding may also become grounds for forced termination of the labor contract and claims for economic compensation. Additionally, if there are higher provisions for the calculation basis and proportion of sick leave wages in contracts or regulations, employers cannot enforce lower standards. 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, the employer cannot terminate the contract through no-fault dismissal or economic layoffs. If the employee cannot perform their original job or any other arranged job after the medical leave period, the contract may be terminated and compensation and medical assistance fees paid—employees who are "dismissed casually" during the sick leave period are likely to be subject to illegal dismissal, with compensation standards set at twice the amount of economic compensation. Fourth, do not confuse sick leave with work-related injuries: During the work-related injury's suspension of work and salary period, 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 work-related injuries are paid at the sick leave wage level, the resulting disputes over the difference in payment and subsequent benefits will be even greater. The correct approach is to first follow the correct procedures for recognizing work-related injuries before addressing payment issues.

IV. Practical suggestions and legal basis

Firstly, submit the diagnosis certificate from a formal medical institution and the leave application form to the employer, and keep a copy of them. Secondly, check the correspondence between the payroll and the number of days of sick leave, and raise objections in writing if the compensation is below the minimum standard. Thirdly, keep the notice of termination and audio evidence during the medical leave period. Fourthly, first negotiate to make up for the difference, and if unsuccessful, apply for arbitration and claim full compensation. 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 Opinions of the Ministry of Labor on Implementing the Labor Law; the "Regulations on the Medical Leave Period for Employees Suffering from Illness or Non-work-related Injuries"; and relevant regulations on wage payment in Beijing. 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: the minimum wage should be 80% of the base salary, and directly paying according to the minimum wage is considered withholding wages; during the medical leave period, employers cannot arbitrarily terminate the employment contract, and even if the contract is terminated after the expiration of the medical leave period, compensation and subsidies must be provided; during the period of work suspension and salary payment due to work-related injuries, the original salary and benefits should remain unchanged, and employees should not be subject to salary reductions under the guise of sick leave. For disputes involving sick leave pay and termination of employment, employees can seek legal redress through relevant channels.Labor arbitration and work-related injury compensationThe service provides a comprehensive solution, which can be combined with compensation for medical damages.Personal injury and medical disputesFor reference, you can check the review of the employment system in the section on labor relationsBusiness 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 issued?

It shall not be less than 80% of the local minimum wage standard. If the contract or system stipulates a higher standard, the higher standard shall prevail.

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

No. The part below the legal minimum wage is considered underpayment, and employees can demand full payment and hold the employer accountable for any related responsibilities.

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

It shall be determined according to 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 shall be 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 to continue the performance of the contract or claim compensation at twice the amount of economic compensation, with a statute of limitations of one year.

Q5: Is the pay during the period of suspension of work and retention of salary for work-related injuries also calculated based on 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 adjudicative 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 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. If you encounter disputes, please consult a practicing lawyer in time.