Don'T Confuse Sick Leave With Medical Treatment.

Master Zhou Consulting: I came to the company in February the year before last, and the two sides signed a labor contract for 3 years.

Since March of last year, I often feel pain in the waist. I have been diagnosed with lumbar disc herniation by the hospital. I have treated the company for sick leave many times, and now my condition is healed.

But after the new year's day, I received a written notice from the company to terminate the labor contract with me on the grounds that multiple sick leave was requested on several occasions, which seriously affected the company's work and the time of sick leave exceeded the medical period.

After I received the notice, I went to the company leaders to explain the situation and asked for the performance of the labor contract, but I was refused by the company.

Excuse me?

Is it the medical period? Is it necessary to terminate the labor contract over the medical period?

Reply: This is our answer: sick leave is not the same as the medical period, workers, even if they are more sick than the medical period, do not have to dissolve the labor contract.

This is related to adjustment in China.

There are clear provisions in laws, regulations and rules and regulations.

Sick leave is a kind of vacation. It is related to marriage leave.

Maternity leave and other statutory leave.

According to the provisions of the medical treatment period for the sick or non injured workers, the second item is: "the medical treatment period refers to the time limit for the workers to stop working and get rid of the labor contract due to illness or non occupational injuries."

In combination with the twenty-ninth provision of the labor law, the medical term is a period of protection that an enterprise can no longer employ because of employee's illness or other statutory reasons.

When you enter the medical treatment period, you must ask for sick leave.

That is, the medical period itself is on sick leave. The medical period is calculated on the basis of the length of service and has to be hired for a limited period.

This period is related to the actual working age of the workers and the length of service of the enterprises.

The sick leave is not limited by time limit, it only needs the certificate issued by the hospital.

In the dispute between master Zhou and the company, according to the stipulation of medical treatment for sick or non working injured employees, master Zhou is entitled to "a working life of less than 10 years or less than 5 years in this unit", enjoying 3 months of medical treatment.

Zhou master had taken 4 months' sick leave, but his sick leave was longer than the medical treatment period.

When the sick leave is longer than the medical treatment period, in order to balance the interests of both employers and employees, the law also gives the employer the right to terminate the contract when the medical worker exceeds the medical period. First, according to the sixth provision of the medical treatment period for the sick or non injured workers, the employees of the enterprise are not suffering from diseases that are hard to treat due to disability or by doctors or medical institutions. If the medical treatment is terminated during the medical treatment period, they can not engage in the original work or engage in the work arranged separately by the employer. The labor appraisal committee shall appraise the labor capacity according to the identification standard of the degree of disability of occupational injuries and occupational diseases.

Those who have been identified as grade one to four should withdraw from their work posts, terminate their labor relations, handle retirement and retirement procedures, enjoy retirement and retirement treatment, and be identified as grade five to ten.

Secondly, according to the fortieth provision of the labor contract law, if the worker is sick or not injured by work, he can not engage in the original work after the prescribed medical treatment expires, nor can he engage in any work arranged separately by the employing unit. If the employer gives notice to the worker himself in writing 30 days in advance or pays the worker 1 months' salary, he may rescind the labor contract, but he shall pay the economic compensation.

Since master Zhou's condition has recovered, it is justifiable to ask the company to continue to fulfill its original labor contract.

If it is difficult to reach an agreement with the company, it can also request the labor department to arbitrate.