Let's look at the legal provisions for civil servants to get sick first.
The Civil Servant Law of People's Republic of China (PRC) completely stipulates all the rights and obligations of civil servants, and the provisions on resignation and dismissal in Chapter XIII, Article 89, are very clear:
"A civil servant shall not be dismissed in any of the following circumstances:
(1) Being disabled in the line of duty and confirmed to have lost or partially lost the ability to work;
(2) Being sick or injured within the prescribed medical treatment period;
(three) female civil servants during pregnancy, childbirth and lactation;
(4) Other circumstances in which dismissal is prohibited by laws and administrative regulations. "
In other words, if civil servants fail to pass the exam for two consecutive years in practical work; Not competent for the job and not accepting other arrangements; During the period of institutional reform, I refused to make reasonable arrangements because of the need to adjust my work due to downsizing; Failing to observe the statutory duties and disciplines of civil servants, being ineffective after education and no longer suitable for continuing to work, but not suitable for dismissal from public office; Those who have been absent from work for 15 consecutive days or more than 30 days in a year may be dismissed according to law. Obviously, the dismissal of civil servants is based on the premise that civil servants have obvious shortcomings, mistakes or disobey organizational arrangements. Following this provision, the law clearly stipulates that: those who are disabled or partially disabled due to work; Being sick or injured within the prescribed medical treatment period; Female civil servants during pregnancy, childbirth and lactation shall not be dismissed, that is, civil servants who meet these three situations shall continue to retain their civil servant status according to law. In the final analysis: in the above three legal situations clearly listed by law, civil servants themselves certainly have no shortcomings or mistakes. The reason is also very simple: civil servants are human beings, and no one will take the initiative to pursue disability, illness or injury at work, let alone ask female civil servants not to have children and raise them themselves. That's against basic morality.
It must be emphasized that it is undoubtedly the greatest protection for the vital interests of civil servants that the state clearly lists in the form of law that it is forbidden to dismiss civil servants on the grounds of the above situation. Otherwise, it is illegal. Once the above three situations happen, it can be handled according to the laws of the country. Bottom line: All matters involving civil servants should be handled in accordance with the legal provisions of the Civil Service Law. No person or organization has the right to arbitrarily punish civil servants in violation of the law and infringe on their legitimate rights and interests.
Second, look at the legal provisions of civil servant retirement.
Article 92 of the Civil Service Law stipulates clearly: "A civil servant should retire if he reaches the retirement age stipulated by the state or completely loses his ability to work." There is no doubt that the reason for the total loss of working ability is nothing more than physical disability caused by illness or injury, thus losing working ability in advance. That is to say, civil servants who completely lose their ability to work can retire early according to law, and receive the basic pension according to law under the condition of meeting the accumulated payment period (including deemed payment period) 15 years, so as to ensure the basic living needs after retirement. Of course, civil servants who are only partially incapacitated are definitely not allowed to retire. Undoubtedly, this is also the protection of the legitimate rights and interests of sick civil servants.
Article 93 of the Civil Service Law stipulates: "A civil servant who meets one of the following conditions may apply in person and retire early with the approval of the appointment and removal organ:
(1) Having worked for 30 years;
(two) less than five years from the retirement age stipulated by the state, and the working experience has reached twenty years;
(three) other circumstances that meet the requirements of the state and can retire early. "
What I want to emphasize here is the third provision: other circumstances that meet the national regulations and can retire early. From this general principle, it can naturally be traced back to 1978, the Interim Provisions of the State Council on Resettlement of Old, Weak, Sick and Disabled Cadres (Guo Fa [1978] 104), which was adopted by the National People's Congress Standing Committee (NPCSC) in principle and promulgated by the State Council. Undoubtedly, this law was approved by the legislature and promulgated by the State Council 43 years ago, which is inconsistent with the existing laws. Article 6 of the "Interim Provisions" clearly stipulates: "Cadres who have completely lost their ability to work and are proved by the hospital to be ineligible for retirement should resign." Obviously, the legal wording here is "resignation", which is essentially to retire early before reaching the statutory retirement age. More precisely, those cadres who have completely lost their ability to work due to illness should be diagnosed by the hospital and apply voluntarily. According to the management authority of cadres, they can retire early after being approved by the organization department according to law. Obviously, only some cadres who have lost their ability to work are not allowed to retire early, and they can only take time off to continue treatment or rest at home according to regulations. The provisions of the two laws on this issue are completely consistent.
Three. Policies and regulations on wages and benefits of cadres during illness.
Undoubtedly, only civil servants who have completely lost their ability to work can retire early when they meet the statutory retirement conditions stipulated in the Social Insurance Law. Civil servants who do not meet the statutory retirement conditions and still have a certain ability to work can only go through the formalities of asking for leave at the organizational department in accordance with national policies and regulations, and continue to be hospitalized or rest at home after approval. The law does not allow retirement at all. Therefore, during this period, sick civil servants are still civil servants, but they can't go to work because of illness.
At present, the wages during sick leave are still implemented in accordance with the provisions of the administrative regulation "Provisions on Living Treatment of State Organs during Sick Leave" issued by the State Council on April 6th. 198 1. Now the main contents of the screenshot are as follows:
To sum up briefly, the "Regulations" are divided into the following three situations in detail: 1, within two months of sick leave, wages are paid in full; 2, sick leave for more than two months, from the third month, 10 years of service, 90%; 10 length of service, full salary. 3, sick leave for more than six months, starting from the seventh month, the length of service is less than 10 years, 70%; Work experience 10 years or above 80%. In other words, during the illness of civil servants, although the wages were reduced according to the length of illness, they were distinguished according to the actual length of service. The basic principle is that the longer the length of service, the smaller the reduction ratio. Generally speaking, the actual wages of sick civil servants are not greatly affected. Obviously, the national policy is still very humanized.
Fourth, answer the question raised by the topic: civil servants, who have worked for more than ten years, have to take long-term sick leave for physical reasons. Will the state support them for life?
To sum up, for civil servants who are unable to work normally due to long-term illness:
The first solution is to retire early. That is, through the diagnosis certificate issued by the doctor in the hospital, I can confirm whether I have completely lost my ability to work. If so, you can apply for retirement in advance, quit your job completely, get a basic pension to ensure your basic needs, and return to your family life and continue to recuperate after reaching the cumulative payment period of 15 years. This is the first solution.
The second solution is to ask for long-term sick leave, but to reduce my salary, I am still a civil servant. That is, those who completely lose their ability to work, but the accumulated payment period is less than 15 years, will not go through the medical retirement procedures; Only partially disabled, but unable to work normally. In the above two cases, the sick civil servants must go to the Organization Department of the Party Committee to perform normal sick leave procedures, and then receive normal treatment or rest at home. This is a normal official management procedure, and you can apply for approval normally. During the sick leave, you will continue to enjoy all the benefits of serving civil servants except a certain percentage of salary reduction.
In short, as long as the national policy is strictly implemented, the legitimate rights and interests of all sick civil servants will be fully and fully guaranteed, and there will never be a situation that is completely pushed to the society and ignored. Because there is no doubt that it is illegal.