The standard for payment of sick leave pay under the Labor Law is that sick leave pay can be paid lower than the local minimum wage standard, but cannot be lower than 80% of the minimum wage standard; the base of sick leave pay, if stipulated in the labor contract, shall not be lower than The wage standard is determined according to the labor contract; if neither the labor contract nor the collective contract stipulates it, it can be determined by the employer and employee representatives through collective wage negotiations; it is paid according to the formula of daily wage multiplied by the sick leave pay ratio multiplied by the number of sick leave days.

1. The base amount of sick leave pay shall be determined according to the following three principles:

(1) If there is a stipulation in the labor contract, the base amount shall be no less than the employee’s position as stipulated in the labor contract ( Position) corresponding salary standards are determined. If the standards set by the collective contract (collective wage agreement) are higher than the standards agreed in the labor contract, the standards shall be determined by the standards of the collective contract (collective wage agreement).

(2) If there is no agreement in the labor contract or collective contract, the employer and employee representatives can determine the wage through collective negotiation. The result of the negotiation should be a collective wage agreement.

(3) If there is no agreement between the employer and the employee, the calculation base for holiday pay shall be determined based on 70% of the employee’s normal monthly salary for his/her position (position). In addition, the holiday wage base calculated according to the above three principles shall not be lower than the minimum wage standard stipulated by this city.

II. Sick leave wage payment standards

1. During the treatment of an employee's illness or non-work-related injury, the enterprise shall pay his or her sick leave wages or illness wages within the prescribed medical period in accordance with relevant regulations. Relief payments, sick pay or sickness benefits may be paid below the local minimum wage, but not less than 80% of the minimum wage.

2. Except for the circumstances stipulated in Article 25 of the Labor Law, the employer shall not terminate the labor when the labor contract expires during the medical period, pregnancy, childbirth and lactation period. contract. The term of the labor contract shall automatically extend until the expiration of the medical period, pregnancy period, childbirth period and lactation period.

3. If an employee who takes long sick leave can continue to perform his or her original job after the medical treatment period expires, he or she can continue to perform the labor contract; after the medical treatment period expires, the employee still cannot engage in the original job or other work arranged by the unit. , the labor appraisal committee shall conduct labor ability appraisal with reference to the appraisal standards for the degree of disability caused by work-related injuries and occupational diseases. Those who are identified as Levels 1 to 4 should quit their jobs, terminate their labor relations, go through the retirement and resignation procedures due to illness or non-work-related injuries, and enjoy corresponding retirement and retirement benefits; those who are identified as Levels 5 to 10, the employer can terminate their employment contract, and pay financial compensation and medical subsidy fees in accordance with regulations.

4. The "minimum wage" in Article 48 of the Labor Law refers to the minimum labor remuneration paid by the unit where the employee performs his normal labor obligations within the legal working hours. The minimum wage does not include wages for extended working hours, housing and food subsidies paid in the form of currency, allowances for special working environments and working conditions such as middle shift, night shift, high temperature, low temperature, underground, toxic, harmful, etc. Social insurance benefits stipulated in national laws, regulations and rules.

5. If an employee is ill or injured not due to work and is confirmed by the Labor Appraisal Committee to be unable to engage in the original job or to engage in other work arranged by the employer and terminate the labor contract, the employer shall be responsible for the termination of the labor contract. For each full year of service in this unit, a financial compensation equivalent to one month's salary shall be provided, and a medical subsidy equal to no less than six months' salary shall also be provided. Those who are seriously ill or terminally ill should also increase the medical subsidy fee. The increase in serious illness shall not be less than 50% of the medical subsidy fee, and the increase in terminally ill patients shall not be less than 100% of the medical subsidy fee.

3. How to calculate sick leave wages

1. The employer shall pay employees sick leave wages at a rate of no less than 60% of their standard wages, but not less than 80% of the minimum basic wage. .

2. Standard salary and basic salary are two different concepts. Standard salary includes many salary items, such as bonuses, compensation, etc. The basic salary does not include those items. The basic salary is only the salary for normal working hours.

Legal basis:

"Labor Law of the People's Republic of China"

Article 26 Under any of the following circumstances, the employer may To terminate the labor contract, the employee must be notified in writing 30 days in advance:

(1) The employee is sick or injured not due to work, and after the medical treatment period expires, he cannot engage in the original job or work The work is arranged separately by the employer;

(2) The employee is not qualified for the job and is still not qualified for the job after training or adjusting the job position;

(3) Labor contract The objective circumstances on which the contract was concluded have undergone major changes, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on changing the labor contract through negotiation.