Standards for Medical Treatment Period Enjoyed by Employees of Shanghai for Their Illness or Non-Work-Related Injury

 2018-06-15  12


· Document Number:No. 40 [2015] of the People's Government of Shanghai Municipality

· Area of Law: Trade Unions

· Level of Authority: Local Regulatory Documents

· Date issued:08-17-2015

· Effective Date:05-01-2015

· Status: Effective

· Issuing Authority: People's Government of Shanghai Municipality

 

Notice of the People's Government of Shanghai Municipality on Issuing the Revised Provisions on the Standards for Medical Treatment Period Enjoyed by Employees of Shanghai Municipality for Their Illness or Non-Work-Related Injury during the Employment Contract Period
(No. 40 [2015] of the People's Government of Shanghai Municipality)
The people's governments of all districts and counties; and all commissions, offices, and bureaus of the People's Government of Shanghai Municipality:
The revised Provisions on the Standards for Medical Treatment Period Enjoyed by Employees of Shanghai Municipality for Their Illness or Non-Work-Related Injury during the Employment Contract Period are hereby issued to you for your conscientious implementation.
People's Government of Shanghai Municipality
August 17, 2015
Provisions on the Standards for Medical Treatment Period Enjoyed by Employees of Shanghai Municipality for Their Illness or Non-Work-Related Injury during the Employment Contract Period
For purposes of guaranteeing the smooth implementation of employment contract-related laws and regulations and effectively safeguarding the lawful rights and interests of employees, the standards for medical treatment period enjoyed by employees of Shanghai Municipality for their illness or non-work-related injury during the employment contract period are hereby prescribed as follows:
I. The term “medical treatment period” refers to the time limit in which the employer may not terminate the employment contract because an employee stops work for treatment and rest due to his or her illness or non-work-related injury.
II. The medical treatment period shall be set according to the employee's service year in the employer. The medical treatment period shall be three months if the employee has been working for the employer for one year; and the medical treatment period shall be increased by one month for each full year he or she works, but not exceed 24 months.
III. Where it is assessed by a work capacity assessment committee that an employee has completely lost the ability to work, but he or she does not meet the requirements for retirement or resignation, the medical treatment period shall be extended. The extended medical treatment period shall be specially agreed on by the employer and the employee; however, the total of the extended medical treatment period as agreed on and the medical treatment period as prescribed in the preceding paragraph may not be shorter than 24 months.
IV. Where, under any of the following circumstances, there are provisions on the medical treatment period which is longer than that as prescribed in the aforesaid provisions, such provisions shall prevail:
1. There are special provisions on the medical treatment period in the collective contract.
2. There are special provisions on the medical treatment period in the employment contract.
3. There are special provisions on the medical treatment period in the internal rules and regulations of the employer.
V. Where the accumulated medical leave of an employee during his or her work in the employer exceeds the medical treatment period he or she enjoys as required, the employer may terminate the employment contract with the employee according to the law.
VI. The medical treatment period in the employment contract that has been performed before the implementation of these Provisions shall be governed by the relevant provisions of this Municipality at that time.
VII. These Provisions shall come into force on May 1, 2015, and be valid until June 30, 2020.