[Direct answer]In the Beijing area, let's first address two questions: Dismissal during the medical leave period is itself illegal—during this period, employers cannot terminate the contract based on fault-free clauses such as "the employee is unable to work after the medical leave expires," "the employee is unqualified," or "objective circumstances have changed." Therefore, there is no issue of severance pay. The direct consequence of an illegal dismissal is a compensation of twice the economic compensation. Legal dismissal after the medical leave period does involve severance pay—if the company fails to provide written notice 30 days in advance, it must pay an additional one-month salary (severeance pay) and combine it with economic compensation (one month's salary for each year of service) and medical assistance of no less than six months' salary. All three elements are indispensable.

I. Problem Background and Typical Scenarios

The employee, who had just recovered from a serious illness, was persuaded to resign by the company, which offered him "one month's salary to leave". The employee didn't understand the legal basis and calculation methods of the three payments - notice pay, economic compensation, and medical subsidies, and signed the documents without fully understanding them. The termination of the medical leave is the most complex and easily exploited section of labor law. Only with a clear understanding of the accounts can employees negotiate with confidence.

II. Key points of contention

First, the differences in legal evaluation between the medical period and the termination of the medical period; Second, the applicable conditions and calculation basis of the severance pay; Third, the payment conditions and standards of the medical subsidy; Fourth, the negotiation approach and arbitration claims for the three fees.

III. Professional analysis by Henglue Lawyers

First layer: Timeline rules: Article 42 of the Labor Contract Law clearly stipulates that during the medical leave period, the employer cannot terminate the contract according to Articles 40 and 41—directly dismissing employees during the medical leave period is considered an illegal termination, and the compensation shall be twice the standard of economic compensation (two months' salary for each year of service); only termination after the medical leave period is legally valid, provided that the employee cannot perform their original job or any other arranged work. Second layer: Cost components: The three-item package for legal termination—notice pay (one month's salary if no 30-day written notice is provided, based on the previous month's salary); economic compensation (N, one month's salary for each year of service, with six months or more but less than a year counted as one year); and medical assistance (not less than six months' salary, plus 50% for serious illness and 100% for terminal illness). Third layer: Common price-cutting tactics and countermeasures: Substituting "medical assistance" with "humanitarian consolation money"; bundling "N+1" compensation packages while omitting medical assistance; and requiring employees to sign waiver statements before receiving payment—itemized accounting and written confirmation of each item's name and amount are standard actions to combat price-cutting. For termination agreements involving major misunderstandings or fraud, employees can request their rescission. Fourth layer: Evidential highlights: Calculating the medical leave period based on work experience; evidence of medical leave expiration (return-to-work notifications, records of arranged work); and determining the salary base as the average monthly salary earned during the 12 months preceding termination. The legal framework for termination during medical leave is clear—all three compensation items must be included, with correct names and amounts, preventing companies from cutting corners with "bundled packages." The most practical action for employees is to retain pay slips and medical records, calculate the three compensation items independently during the termination month, and present their demands first at negotiation tables to secure fair offers.

IV. Practical suggestions and legal basis

The first step is to verify whether the termination occurred during the medical period or after its expiration, in order to determine the appropriate claim path. The second step is to file a direct arbitration claim for compensation for unlawful termination during the medical period. The third step is to verify the compensation for notice, economic compensation, and medical assistance fees item by item after the expiration of the medical period. The fourth step is to verify the composition of the amounts in detail before signing any agreement, and to consult a lawyer if necessary. Main legal basis: Articles 40, 42, 46, and 47 of the Labor Contract Law of the People's Republic of China (amended in 2012), Article 87, the provisions on medical assistance fees in the Regulations on Economic Compensation for Breach and Termination of Labor Contracts, and the relevant wage payment rules of Beijing City. The specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Reminder

The accounting formula for terminating the medical leave period: Terminating the leave during the period is illegal; terminating it after the period expires involves three payments - severance pay, N-fold compensation, and medical subsidies, none of which can be "bundled together". In cases involving disputes over the termination of the medical leave period, the parties can resolve the disputes through legal channels.Labor arbitration and work-related injury compensationObtain a comprehensive solution for the service; for matters involving compensation calculation and arbitration strategies, you can combine them together.Special servicesPlate; for cases involving the execution of compensation payments, you may refer to the following for reference.Creditor's rights and debts, and enforcementColumn; if it involves other labor rights and interests, you can consult for further adviceBusiness and contract disputes in enterprisesThe team is responsible for the labor-related matters.

VI. Frequently Asked Questions

Q1: How much compensation can I get if I'm dismissed during the medical leave period?

The employer's termination of the employment contract constitutes an illegal termination. The employee claims compensation at twice the standard of economic compensation (2N), and also claims back the unpaid sick leave wages and the losses in social insurance benefits.

Q2: Under what circumstances is the advance notice payment given?

When the medical leave expires and the company legally terminates the employment contract without giving the employee a written notice 30 days in advance, the company shall pay an additional month's salary; if the company gives the employee a written notice in advance, no additional payment shall be made.

Q3: What is the standard rate for medical aid payments?

Not less than six months' salary; an increase of 50% for serious illness, and an increase of 100% for terminal illness. The specific implementation shall be in accordance with local regulations.

Q4: Can I change my mind after signing the resignation agreement?

If there is fraud, coercion, or a major misunderstanding, you can request to revoke the contract within the statutory time limit; if there are obvious omissions in the amount of the agreement, you can claim compensation for the omitted parts separately.

Q5: How is the base amount of the three fees calculated?

Calculated based on the average salary earned in the twelve months prior to the dismissal, including bonuses and allowances, and those below the local minimum wage standard shall be calculated based on the minimum wage.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the adjudication guidelines 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, 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 laws and regulations and publicly available 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 the event of a dispute, please consult a practicing lawyer in a timely manner.