Issued by Shanghai Municipal People¡¯s Government
April 30,2002
The District & County¡¯s People¡¯s Government, The Concerned Departments in the Municipal People¡¯s Government,
The Provisions on Medical Treatment Period of The Workers Suffering from Illness or Non-Work-Related Injuries during the Period of Fulfilling the Labour Contract as the follows, and shall be implemented accordingly.
Shanghai Municipal People¡¯s Government
The Provisions on Medical Treatment Period of The Workers Suffering from Illness or Non-Work-Related Injuries during the Period of Fulfilling the Labour Contract by the Shanghai Municipal People¡¯s Government
(Promulgated by Shanghai Municipal People¡¯s Government, April 30,2002)
In order to ensure the smooth implementation of Labour Contracts Regulations of Shanghai Municipality, and to guarantee the legal rights of the workers, The Provision on Medical Treatment Period of the Workers Suffering from Illness or Non-Work-Related Injuries during the Period of Fulfilling the Labour Contract as the followings,
I. The medical treatment period refers to the period in which the workers may take medical leave due to illnesses or non-work-related injuries while the employing unit shall not terminate the labour contract thereby.
II. The medical treatment period shall be defined according to the employee¡¯s years of service with the employing unit. The first year of service entitles the employee to a three-month medical treatment period, and thereafter, every full year of service entitles the employee to an additional one-month medical treatment period, while the maximum period shall not exceed 24 months.
III. For workers that have been recognized as complete incapacity by the Labour Capability Appraisal Committee but could not satisfy the statutory requirement of retirement, the medical treatment period can be extended. The extension of the medical treatment period shall be agreed upon by the employing unit and the concerned employees, but the total period of the extended medical treatment period plus the medical treatment period prescribed above shall not be less than 24 months.
IV. The medical treatment period shall be defined according to the agreement and definition under the following circumstances if the period is longer than the previous prescriptions:
1. Special agreement has been reached on the medical treatment period in the collective agreement;
2. Special agreement has been reached on the medical treatment period in the labour contract;
3. Special definition on the medical treatment period has been made in the internal rules & regulations of the employing unit;
V. The medical treatment period as specified in the labour contracts that have been fulfilled before the implementation of this provision shall continue to be fulfilled according to the then laws & regulations.
VI. This Provisions shall become effective as of May 1st, 2002.
