Who Has The Final Say In The Medical Treatment Of Employees Who Are Not Injured?

Recently, Xiao Liu, who works in a forest company in Linghai, Fengtai District, encountered a bother.

On a weekend in March 2016, he came back from shopping in Xidan and was knocked down by an electric car at the gate of the community. His head was just knocking on the side steps.

Passing neighbors see this situation, hastily sent Xiao Liu to the hospital.

The result is concussion. Doctors suggest that they should be hospitalized for more than 3 months.

After explaining the situation, Liu Xiang asked for leave for 3 months.

But because of the busy business, the leader did not approve and gave him only 2 months' holiday.

At the end of May 2016, the company started calling Liu to work many times, and Liu told him every time.

My wound is not yet healed. I hope to wait until June.

At the end of 6, two days before Xiao Liu was ready to go back to work, he received the notice of the company and its termination of the labor contract.

The reason is that Xiao Liu did not obey the company's rules and regulations. He refused to return to work after the medical treatment expired. His absence from office and absenteeism for 1 months violated the company's labor discipline. Therefore, he decided to terminate his labor contract without paying any financial compensation.

Xiao Liu thought that the company was overdoing the contract because of his sick leave, but he did not know what to do. He came to the Linghai judicial office for legal help.

The staff realized that Xiao Liu began to work in the company in September 15, 2014, and the two sides signed a 5 year period.

By March 2016, he had worked for 1 years and 6 months.

The staff told Xiao Liu that according to the provisions of the second provision of "medical treatment for sick or non working injured employees", "

It refers to the time limit for a worker to stop working and get rid of a labor contract due to illness or non occupational injury. "

At the same time, the third regulation of the regulation also stipulates the specific calculation method of medical treatment period, that is, "medical workers who need to stop working because of illness or non occupational injury, and give medical treatment from three months to twenty-four months according to their actual working years and their working years in the unit." (1) the actual working life is less than ten years, and the working life of the company is five years or less for three months; six years are more than five years.

(two) the actual working life of ten years or more, in the unit's working life for five years or less for six months; five years or less for nine months, ten years or less for fifteen months, twelve years for fifteen years or less, and for the year of the year.

According to the above regulations, Xiao Liu's working time is 1 years, 6 months, and he should enjoy 3 months' medical treatment. And the doctor's advice also requires Xiao Liu to rest for at least 3 months.

Therefore, there is no legal basis for the company not to approve and change the length of medical treatment period.

At the same time, it is illegal for the company to terminate the labor contract in the medical treatment period of Xiao Liu, so the decision to terminate the contract is invalid.