Can flexible employees take sick leave?

Flexible employees can retire due to illness.

When flexible employees deal with mental illness, the employer shall adopt different treatment methods according to the nature of the unit, the employment situation and the degree of disability assessment. If the sick employee is cured or his condition is under stable control within the prescribed medical treatment period, and has been identified as having the ability to work, the employer shall properly arrange the work and shall not terminate the labor contract due to illness. If the sick employee really loses the ability to work, the employer may terminate the labor contract and give appropriate compensation according to the regulations. This means that flexible employees can indeed apply for medical retirement under certain conditions.

Conditions for social security retirement:

1. medical retirement qualification: it must be an on-the-job employee who participates in the basic medical insurance for employees;

2. Medical retirement approval process: it needs to be approved by the unit and reported to the social security agency for approval;

3. Materials required for medical retirement: including medical retirement certificate issued by the hospital, my ID card, social security card, etc.

4. Calculation of retirement benefits: determined according to my social security payment period and payment base;

5. Retirement period: The benefits and period enjoyed during retirement are stipulated by relevant policies.

To sum up, when flexible employees deal with mental illness, employers should adopt different treatment methods according to different situations, including arranging work or dissolving labor contracts and giving compensation, which means that flexible employees can apply for medical retirement if they meet the conditions.

Legal basis:

People's Republic of China (PRC) social insurance law

Article 23

Employees should participate in the basic medical insurance for employees, and employers and employees should pay the basic medical insurance premiums in accordance with state regulations. Individual industrial and commercial households without employees, part-time employees who have not participated in the basic medical insurance for employees and other flexible employees can participate in the basic medical insurance for employees, and individuals pay the basic medical insurance premium in accordance with state regulations.