Does the 24-month Medical Treatment Period Apply Directly to Employees?
摘要
According to Article 3 of the Provisions on the Duration of Medical Treatment for Enterprise Employees with Illnesses or Non-Work-Related Injuries, employees of an enterprises who suffer illnesses or non-work-related injuries and need to cease working and receive medical treatment shall be given a 3-24 months medical treatment period depending on their actual years of service and those with the current employer. According to Article 2 of the Circular of the Ministry of Labour and Social Security on Implementing the Provisions on the Duration of Medical Treatment for Enterprise Employees with Illnesses or Non-Work-Related Injuries, if an employee accepts medical treatment due to special illnesses (cancer, insanity, paralysis and so on) but cannot recover within 24 months, such duration can be extended appropriately with the consent of both the enterprise and the competent labour department. However, it is not explicitly provided if the 24-month medical treatment period applies directly to employees suffering special illnesses or if the treatment period still needs to be determined by reference to their service years. This has resulted in a number of cases with conflicting views. This article carries out research on cases handled in Beijing, Shanghai and Shenzhen and the key points abstracted from the relevant judgments.
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