Interpretation of the Shanghai Work Suspension with Pay Period

KAIZEN啓源

2025-09-24

导读：Click the Text in Blue on the Top, Follow us!

Click the Text in Blue on the Top, Follow us!

Definition and duration provisions of the work suspension with pay period

The work suspension with pay period refers to a specific period during which an employee, after suffering a work-related injury or contracting an occupational disease, needs to suspend work to receive work-related injury medical treatment while continuing to enjoy their original salary and welfare benefits. In accordance with the basic principles of China's work-related injury insurance system, this period usually does not exceed 12 months, which is a reasonable provision for most work-related injury scenarios. It is worth noting that the specific duration of the work suspension with pay period is not determined arbitrarily, but rather requires a standardized medical assessment process: first, the medical institution that has signed a service agreement for treating work-related injuries provides professional opinions based on the injury condition; second, the duration must be confirmed by the Labor Capacity Appraisal Committee; finally, the relevant authorities formally notify the employer and the employee with the work-related injury. This process ensures the scientific and authority of the duration determination, avoiding subjective arbitrariness.

Comprehensive benefit protection during the work suspension with pay period

During the work suspension with pay period, employees with work-related injuries enjoy dual protection: first, the statutory work-related injury medical benefits, including necessary medical examinations, treatment, rehabilitation, and other measures; second, the more critical special protection of "maintaining original salary and welfare benefits unchanged". This means that although the employee suspends work, their income level remains unaffected, and the employer shall pay the same salary and benefits as those during normal work monthly. This special arrangement of "suspending work without suspending pay" effectively addresses the basic living security needs of employees with work-related injuries during the treatment and rehabilitation period, reflecting the humanistic care of the work-related injury insurance system. It is particularly important to note that this special benefit only lasts until the disability level is assessed; after that, it will be legally converted to the corresponding disability benefit system to achieve the orderly connection of the protection system. For cases where further treatment is still needed after the expiration of the work suspension with pay period, the system also provides a humanized arrangement: employees with work-related injuries can continue to enjoy work-related injury medical benefits, ensuring that treatment is not interrupted due to the expiration of the period and fully safeguarding the integrity of their right to rehabilitation.

Specific calculation standards for original salary and welfare benefits

Regarding the specific meaning of "maintaining original salary and welfare benefits unchanged", Article 33 of the Regulations on Work-Related Injury Insurance provides a clear definition. The standard of benefits enjoyed by employees with work-related injuries during the work suspension with pay period shall be calculated based on their average monthly income in the 12 months before the injury. For newly recruited employees who have worked for less than 12 months, the average monthly income shall be calculated based on the actual number of working months. This differentiated treatment reflects the fairness and rationality of the system. At the same time, the law also sets a minimum protection threshold: the original salary and welfare benefits during the work suspension with pay period shall not be lower than the local monthly minimum wage standard. If the calculated average salary is lower than this minimum standard, the employer must pay in accordance with the monthly minimum wage standard. This bottom-line clause effectively prevents the situation where some low-income workers experience a significant reduction in income during the work-related injury period, ensuring their basic living needs. In practice, the identification of salary composition may become a focus of disputes. It should include regular income such as basic salary, post allowances, and performance bonuses, but exclude non-fixed income such as overtime pay and irregular bonuses. Employers shall establish a clear salary recording system to provide a basis for accurate calculation.

Starting time and duration confirmation of the work suspension with pay period

The starting time of the work suspension with pay period has a clear legal standard starts from the time when the employee suffers a work-related injury, or from the time when the occupational disease is diagnosed. The determination of this time point is crucial for protecting the rights and interests of employees. Employers shall promptly initiate relevant procedures to avoid damage to employees' rights and interests due to delayed confirmation. Regarding the procedure for confirming the duration, the professional opinions of medical institutions are the basis, but the final confirmation must be made by the Labor Capacity Appraisal Committee. This design not only leverages the professional advantages of medical institutions but also ensures fairness through the authoritative confirmation of a statutory institution. Both employers and employees should understand and cooperate with this procedure to jointly maintain the standardized operation of the system.

Duration extension mechanism under special circumstances

Considering the complexity of work-related injury conditions and individual differences, the system specifically designs an application mechanism for extensions. For employees with work-related injuries who, after the expiration of the 12-month work suspension with pay period, truly need further treatment due to severe injuries or special circumstances, the law grants them the right to apply for an extension. Specific procedural requirements: The employee shall submit a written application to the employer within 15 days before the expiration of work suspension with pay period and provide relevant diagnostic certificates for the treatment of the work-related injury. After receiving the application, if the employer has objections to the extension, it shall apply for confirmation to the Labor Capacity Appraisal Committee within 7 days and attach the medical certificates. The Labor Capacity Appraisal Committee will conduct medical examinations and professional evaluations and make a confirmation decision based on the comprehensive opinions of experts. It is worth noting that if the employer fails to submit an objection application within the specified time, it shall be deemed to agree to extend the work suspension with pay period. This provision effectively prevents employers from unduly delaying the confirmation process.

In summary, the work suspension with pay period system is an important part of the work-related injury insurance system. Its effective implementation depends on the compliance of employers and the reasonable claims of employees. For employers, they shall establish a standardized work-related injury handling process, promptly declare the injury, cooperate with the appraisal, and pay benefits on time; for employees, they shall seek medical treatment promptly, keep relevant medical certificates, and reasonably claim their legitimate rights and interests. With the continuous improvement of the work-related injury insurance system, the management of the work suspension with pay period will also become more scientific and standardized. Only when employers and employees jointly understand and properly implement this system can the legislative purposes of protecting the rights and interests of workers, promoting the rehabilitation of work-related injury victims, and maintaining the harmony of labor relations be truly realized.

Note

The original text of this article comes from the WeChat public account:
啓源KAIZEN