Social security payment during medical treatment

Legal analysis: During the period of medical treatment for work-related injuries, an enterprise may not dissolve or terminate the labor contract, and may not dismiss, dismiss or dismiss. After the expiration of medical treatment for work-related injuries, those who still need treatment will continue to enjoy medical treatment for work-related injuries. Workers with work-related injuries stopped paying wages during the medical treatment period of work-related injuries and paid work-related injury allowances on a monthly basis instead. The standard of work-related injury allowance is equivalent to the average monthly wage income of workers injured at work in the past 12 months. After the medical treatment for work-related injuries expires or the disability level is assessed, the work-related injury allowance will be stopped and the disability treatment will be enjoyed instead.

Legal basis: Provisions on the medical treatment period for enterprise employees suffering from illness or non-work-related injury Article 3 If an enterprise employee needs to stop working for medical treatment due to illness or non-work-related injury, he shall be given a medical treatment period of three to twenty-four months according to his actual working years in the unit:

(a) the actual working experience is less than ten years, and the working experience in this unit is less than five years, which is three months; More than five years is six months.

(two) the actual working experience of more than ten years, less than five years in this unit, for six months; More than five years but less than ten years and nine months; Twelve months of more than ten years and less than fifteen years; Fifteen years, twenty years and eighteen months; Twenty years or more is twenty-four months.

In the third paragraph of Article 42 of the Labor Contract Law of People's Republic of China (PRC), if a worker is sick or injured outside work, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law within the prescribed medical treatment period.