[Direct answer]In the Beijing area, whether taking leave during the probationary period affects the employee's conversion to a regular position depends on the nature of the leave and the employer's termination conditions. According to Article 39 of the Labor Contract Law of the People's Republic of China (amended in 2012 and implemented on July 1, 2013), if an employee is proven to not meet the hiring conditions during the probationary period, the employer may terminate the labor contract, but must first set clear hiring conditions and have sufficient evidence to prove that the employee does not meet them. If the leave belongs to statutory holidays such as sick leave, bereavement leave, maternity leave, and the period of work stoppage and pay during work-related injuries, or is approved by the employer, the employer may not use this as a reason to determine that the employee does not meet the hiring conditions or refuse to convert their status to regular. If the leave violates legal and effective rules and regulations and constitutes serious disciplinary violations such as absenteeism, the employer may handle it in accordance with the rules. In addition, the probationary period is included in the term of the labor contract, and the employee is entitled to rest and vacation according to law. Therefore, whether it affects the conversion to a regular position depends on whether the leave is legal, whether the rules and regulations are legal and effective and have been informed to the employee, and whether the employer can provide evidence to prove that the employee does not meet the hiring conditions.

1. Problem background and typical scenarios

Probationary employees who take leave for personal or health reasons often worry about it affecting their conversion to regular status. Typical cases include: employees taking sick leave in accordance with the law but being denied conversion by the company on the grounds of "insufficient attendance"; female employees being marginalized for taking leave during pregnancy, childbirth, and lactation; and employees being deemed to have an improper attitude for taking leave due to marriage or funeral matters. Companies often cite "frequent leave" as a general reason for failing to meet employment conditions and terminating the contract. Although labor regulations in Beijing are relatively standardized, the boundaries between leave and probationary assessment still easily lead to disputes, which require judgment based on laws and regulations.

II. Key points of contention

First, can statutory holidays and approved holidays be used as reasons for not converting a probationary contract into a permanent one? Second, the termination of a probationary period must be based on the premise of "not meeting the hiring conditions". Are the conditions clear? Third, what are the criteria for determining that taking leave constitutes a serious violation of discipline? Fourth, how is the special protection for female employees applied? Fifth, what are the employer's burden of proof and the employee's response? Clarifying these issues is essential to correctly handle the relationship between taking leave and converting a probationary contract into a permanent one.

III. Professional analysis by Henglue Lawyers

Based on Henglu Law Firm's practical experience in handling labor dispute cases, there are three key points to note. First, statutory holidays are protected: legally-entitled sick leave, maternity leave, marriage and funeral leave, as well as approved leave, constitute workers' statutory rights. Employers may not use these as grounds to deny their attendance or deem them unqualified for employment, let alone terminate their contracts on these grounds, as this may constitute an unlawful termination. Second, termination must be based on clear employment conditions and evidence: if employers claim that the probationary period does not meet the employment conditions, they must provide evidence of having set and communicated specific, measurable employment standards, and demonstrate that the worker failed to meet them. A generalized claim of "excessive leave" often fails to gain support in such cases. Third, the rules must be legal and have been communicated to workers: when handling cases involving serious disciplinary violations such as absenteeism, the prerequisites are that the rules and regulations have been established through democratic procedures, are legally compliant, and have been publicly announced or communicated to workers. Moreover, there must be sufficient evidence linking the leave request to the disciplinary determination. In practice, workers should follow the prescribed procedures for leave approval, retain hospital certificates and approval records; employers, in turn, should standardize employment conditions and attendance systems to avoid unlawful terminations based on leave requests.

IV. Practical suggestions and legal basis

Action list: 1. Submit a leave application in accordance with regulations and retain the approval records and supporting materials; 2. Assert and preserve evidence of statutory holidays to which you are entitled by law; 3. Verify whether the employer's recruitment conditions and rules and regulations are clear, legal, and have been properly communicated; 4. Raise objections and secure evidence promptly if you are dismissed or denied a permanent position on the grounds of leave; 5. Seek labor arbitration when disputes arise and, if necessary, hire a lawyer to protect your rights. Legal basis: Articles 19, 21, 39, 40, and 42 of the Labor Contract Law of the People's Republic of China (amended in 2012 and implemented on July 1, 2013), and relevant provisions of the Special Regulations on Labor Protection for Female Employees (implemented on April 28, 2012). For matters involving labor arbitration and work-related injury compensation, please refer to the relevant provisions.Labor arbitration and work-related injury compensationServices. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, statutory holidays are protected and cannot be used as a reason for not converting the contract to a permanent one. Secondly, termination must be based on proof that the employee does not meet the clear hiring conditions. Thirdly, the rules and regulations must be legal and have been notified to the employee before they can be used as a basis for handling the case. Fourthly, female employees enjoy special protection and should be given special attention. Fifthly, keeping records of leave applications and institutional evidence is crucial in disputes. For issues related to enterprise employment management, it may be appropriate to seek legal advice.Business and contract disputes in enterprisesFor reference, you can check the section on corporate law and complianceIntellectual property protection and corporate lawFor any questions regarding the enforcement of wages and compensation payments, please feel free to consult us.Creditor's rights and debts, and enforcementThe team can handle cases involving work-related injuries and personal injury claims.Personal injury and medical disputesFor other difficult labor disputes, you can seek adviceSpecialised legal servicesTeam.

VI. Frequently Asked Questions

Q1: Will frequently taking leave during the probation period affect the chance of being officially hired?

Not necessarily. If the leave is a statutory leave such as sick leave, marriage and funeral leave, or maternity leave, or an approved leave, the employer shall not refuse to convert the employee's contract to a permanent one on this basis. However, if the leave constitutes a serious violation of the rules under the legal system, it may have an adverse impact.

Q2: Can the company dismiss me on the grounds that I take too many sick days?

There must be evidence. To terminate the probationary period, it is necessary to prove that the worker does not meet the clear employment conditions; it is usually difficult to establish the case if the employer simply handles it in a general way based on the worker's frequent requests for leave. If the termination is illegal, the worker can claim to continue the employment or demand compensation.

Q3: Can I take sick leave during the probation period?

Yes. Workers are entitled to sick leave and other rest and vacation rights according to law, and the probation period is included in the term of the labor contract; the employing unit shall pay the corresponding benefits according to the regulations, and may not determine that the worker does not meet the recruitment conditions because of the statutory holidays.

Q4: Will I be fired if I take leave during pregnancy?

They are subject to special protection. According to the Labor Contract Law and related regulations, employers are not allowed to arbitrarily terminate the employment contracts of female workers during pregnancy, childbirth, and lactation. If the employer terminates the contract illegally, the worker may claim rights and compensation according to law.

Q5: What should I do if my leave request is denied and I'm not granted a permanent position?

First, keep the leave application, approval, and supporting materials, and raise a written objection to the employer. If no agreement can be reached through negotiation, you can apply for labor arbitration to claim the continuation of the labor contract or compensation. If necessary, you can hire a lawyer to handle the matter.

The above answer is based on the judicial practice in the Beijing area. The adjudication guidelines in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.