The medical leave period of three months shall be calculated according to the accumulated sick leave time within six months; six months shall be calculated according to the accumulated sick leave time within twelve months; nine months shall be calculated according to the accumulated sick leave time within fifteen months; twelve months shall be calculated according to the accumulated sick leave time within eighteen months; eighteen months shall be calculated according to the accumulated sick leave time within twenty-four months; and twenty-four months shall be calculated according to the accumulated sick leave time within thirty months.
If a false medical record or leave is provided, the employer may dismiss the worker.
According to the Provisions on the Medical Treatment Period for Enterprise Employees Due to Sickness or Non-Cause Work-Related Injury
Article 2 The medical treatment period refers to the time limit within which an enterprise employee may not terminate the labor contract if he or she stops working for treatment and rest due to sickness or non-cause work-related injury.
Article 3 When an enterprise employee needs to stop working for medical treatment due to illness or injury not caused by work, he or she shall be given a medical treatment period of three to twenty-four months according to his or her actual years of participation in the work and years of working experience in the organization:
(1) Three months for those who have worked for less than ten years in actual work, and three months for those who have worked for less than five years in their own organizations; and six months for those who have worked for more than five years.
(2) For those with more than ten years of actual service, six months for those with less than five years of service in the organization; nine months for those with more than five years and less than ten years; twelve months for those with more than ten years and less than fifteen years; eighteen months for those with more than fifteen years and less than twenty years; and twenty-four months for those with more than twenty years.
Article 4 The medical treatment period of three months shall be calculated according to the accumulated sick leave time within six months; six months shall be calculated according to the accumulated sick leave time within twelve months; nine months shall be calculated according to the accumulated sick leave time within fifteen months; twelve months shall be calculated according to the accumulated sick leave time within eighteen months; eighteen months shall be calculated according to the accumulated sick leave time within twenty-four months; and twenty-four months shall be calculated according to the accumulated sick leave time within thirty months. The time spent on sick leave shall be counted as eighteen months; eighteen months as twenty-four months; and twenty-four months as thirty months.
Article 5 During the medical period, the sick leave wages, sickness relief and medical treatment of enterprise employees shall be implemented in accordance with the relevant provisions.