Do you have sick leave when you pay social security?

Employees who pay social security have the right to take sick leave when they need to rest due to illness.

First, the relationship between paying social security and sick leave.

In China, paying social security is the basic right and obligation of workers. The social security system not only provides workers with various guarantees such as pension, medical care and unemployment, but also stipulates the rights and interests of workers under certain circumstances, including sick leave. Employees who pay social security can enjoy the right to sick leave according to law when they need to rest due to illness.

Second, sick leave application and approval

When employees need to rest due to illness, they should apply for sick leave to their units. The application for sick leave needs to provide the diagnosis certificate or sick leave proposal issued by the hospital. After receiving the sick leave application of the laborer, the unit shall examine and approve it according to the actual situation of the laborer and the provisions of the unit. Under normal circumstances, as long as the employee's sick leave application meets the requirements, the unit will approve it.

Three. Treatment during sick leave

During the period of sick leave, the enterprise shall not terminate the labor contract, and shall pay sick pay to the employees. The payment standard of sick pay depends on the regulations of the enterprise and the actual situation of the workers, but it is generally not less than 80% of the local minimum wage. In addition, workers also enjoy the same medical insurance benefits during their sick leave as during their employment.

Fourth, the duration and extension of sick leave.

The length of sick leave is generally determined according to the worker's condition and the doctor's advice. During the sick leave, if the worker's condition fails to improve or needs further treatment, he may apply to the unit for an extension of sick leave. The unit shall re-examine and approve the application for extended sick leave after receiving it.

To sum up:

Employees who pay social security have the right to take sick leave when they need to rest due to illness. When applying for sick leave, workers should provide the diagnosis certificate or sick leave proposal issued by the hospital, and the unit should abide by relevant laws and regulations and enterprise regulations when approving sick leave applications. Workers enjoy the same treatment during sick leave as during their employment, including sick pay and medical insurance benefits.

Legal basis:

Labor law of the people's Republic of China

Article 52 provides that:

The employing unit must provide workers with labor safety and health conditions and necessary labor protection articles that meet the requirements of the state, and the workers engaged in occupational hazards shall undergo regular health examinations.

The provisions of the medical period of the workers who are ill or not for the cause of the work

Article 3 provides that:

When an enterprise employee needs to stop working for medical treatment due to illness or non-work-related injury, he/she will be given a medical treatment period of three to twenty-four months according to his/her actual working years and his/her working years in this unit: (1) Three months if his/her actual working years are less than ten years and less than five years if he/she has worked in this unit; 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.