[Summary of the trial]
The employee's leave period is one month, so the employer should pay the employee the pay for the leave period. Since the employee proposed to the employer to extend the 6-month suspension period with pay, but the employer did not agree to it, nor did it submit any objection to confirm the application, it is deemed that the employer agreed to extend the suspension period with pay. In January 2022, the employee applied to the Labor Ability Appraisal Committee for an extension of the suspension period with pay, and on February 24, 2022, the committee issued a conclusion that it did not agree to the extension of the suspension period with pay, and according to the relevant regulations, the employer should pay the employee the benefits of the suspension period from February 24 to February 24.
【Brief Facts of the Case】
On May 18, 2021, Mr. Li joined a company in Tianjin, and the two parties signed a labor contract with a period from May 18, 2021 to November 17, 2021. On June 27, 2021, Li fell at work and was diagnosed with a soft tissue contusion on his lower back by a medical institution. The average monthly actual salary before Li's injury was 4932.6 yuan.
Mr. Li asserted that his suspension period was 242 days in total, from June 27, 2021 to February 24, 2022, in accordance with Article 7 of the Administrative Measures for the Suspension of Work and Pay Period for Employees Injured at Work in Tianjin. Article 8 stipulates that after receiving the notice of confirmation of the suspension period, Li submitted an application to a company in Tianjin for an extension of the suspension period with pay, and a company in Tianjin did not apply to the Labor Ability Appraisal Committee for the confirmation of the dispute over the extension of the suspension period within the prescribed 10 working days after receiving the application, and should be deemed to have agreed to Li's application for an extension of the six-month suspension period, and accordingly, Li's suspension period should be from June 27, 2021 to February 24, 2022.
A company in Tianjin argued that although Li submitted an application to the company for an extension of the suspension period with pay, it did not submit any certificate issued by the Work-related Injury Insurance Association and medical institutions, and that Li's lesion was mainly a herniated lumbar intervertebral disc, and that Li's injury had nothing to do with work-related injuries according to the work-related injury and non-injury appraisal conclusions issued by the Human Resources and Social Security Bureau. In addition, the Labor Ability Appraisal Committee also issued an appraisal opinion that it did not agree to extend the period of suspension with pay, so Li's suspension period with pay was 1 month, from June 27, 2021 to July 26, 2021.
【Judgment Result】
The Tianjin Jinghai District Labor and Personnel Dispute Arbitration Commission made the Jinjing Labor Arbitration Zi [2022] No. 163 Award to pay the employee the benefits of the suspension period with pay from the expiration of the period of suspension with pay to the date of the conclusion of the labor ability appraisal;
Tianjin Jinghai District People's Court (2022) Jin 0118 Min Chu No. 3642 Civil Judgment to pay the employee the benefits of the suspension period with pay from the expiration of the period of suspension of work with pay to the date of the conclusion of the appraisal of labor ability;
The Tianjin No. 2 Intermediate People's Court (2022) Jin 02 Min Zhong No. 6117 Civil Judgment upheld the original trial court's determination that the employee should be paid the benefits of the suspension period with pay until the expiration of the labor ability appraisal conclusion.
【Case Tips】
Reminder to the employer: After an employee is injured on the job in Tianjin, the employer shall determine the period of suspension with pay according to the diagnosis certificate issued by the medical institution, and notify the social insurance agency at the same time. If the employer receives the employee's application for an extension of the suspension period and does not agree to the extension, it shall apply to the Labor Ability Appraisal Committee for confirmation of the dispute over the extension of the suspension period as soon as possible, otherwise, it will be deemed that the employer agrees to extend the suspension period with pay.
Reminder to the employee: During the period of work-related injury, you are entitled to the statutory suspension of work with pay, and even if you do not work during this period, the employer should still pay you according to the original salary. In addition, if you still need medical treatment or recuperation after the expiration of the suspension period, it is recommended to submit a written application to the employer for an extension of the suspension period before the expiration of the suspension period. If the employer does not apply, it will be deemed to have agreed to extend the period of leave with pay.
Disclaimer: The content of this article is for reference only and is not intended as legal advice for specific cases.