Study On Legal Regulation Of Sick Leave

The legal stystem of sick leave is a product of the balance between the interests of laborers and the interests of employers.The relevant provisions of the current law on the system of sick leave are mainly the"Regulations on the Medical Period of Employees"and the "Notice".However,due to the rough and lagging of the relevant regulations on sick leave,it led to a lot of problems.Therefore,It is very necessary to sort out the issues related to sick leave.In fact,sick leave and medical period are different expressions of the same concept.Only when there are two conditions that are non-occupational disease or non-work-related injury and factual behavior and notification of employers are available,the worker can enjoy sick leave.The constitutional legal basis for the existence of the sick leave system is the inevitable requirement of citizens'right to health and the labor law"to protect the legitimate rights and interests of laborers"as well as the balance between the interests of employers and employees.The legal provisions of the current sick leave system have problems such as Lack of substantive examination power of employers andthe irrational period of the medical period.Therefore,it is necessary to make a unified regulation of the sick leave system through re-legislation.