上海实施了将近30年的病假工资规定于2026年8月15日正式失效1。这一被称为"83号文"的旧规按照职工连续工龄年限和本人工资标准计算病假工资，相比全国多数城市按最低工资80%的标准更为优厚1。规定失效后，企业开始按照国家最低标准调整病假工资发放办法。
根据国家规定，病假工资可低于最低工资标准但不能低于最低工资标准的80%1。在新规则下，企业推行"二选一"方案：职工可选择领取一半工资并在家正常处理工作，或按照上海市最低工资标准的80%且无需工作1。
上海市海欣律师事务所律师郑方方指出，企业跳过职工讨论协商的民主程序，存在很大风险，可能无法作为降低待遇的依据1。企业调整病假工资标准应先制定书面方案、听取职工意见、与工会或职工代表协商确定，再向劳动者公示或告知1。
Shanghai's long-standing sick leave wage regulation, known as "Document 83," expired on August 15, 2026, after nearly three decades in effect.1 The previous rule had been more favorable to workers than standards in most other Chinese cities, as it calculated sick leave compensation based on continuous service length and individual wages rather than a flat percentage of minimum wage.1
Under the old regulation, sick leave pay was determined by two factors: years of continuous employment and either the employee's personal salary or the social average wage standard.1 This contrasted with the national standard, which permits sick leave wages to fall below the minimum wage but no lower than 80 percent of it.1 Following the expiration of Document 83, employers have begun transitioning to the national baseline, offering workers a "choose one" arrangement: either receive half regular pay while handling work duties from home, or accept 80 percent of Shanghai's minimum wage without work obligations.1
The shift has raised concerns among legal professionals and workers alike. Attorney Zheng Fangfang from Shanghai Haixiang Law Firm cautioned that companies bypassing employee consultation and democratic procedures in making such changes face significant legal risk, as these unilateral adjustments may lack enforceability as grounds for reducing worker benefits.1 According to proper protocol, enterprises adjusting sick leave wage standards should first draft a written proposal, solicit worker input, consult with unions or employee representatives to reach agreement, and then formally disclose or notify workers of the new terms.1
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