[Direct answer]It is not considered a leave of absence and is included in the working hours. Article 6 of the "Special Regulations on Labor Protection for Female Workers" (promulgated and implemented on April 28, 2012) clearly stipulates this. This means that the time spent on prenatal checkups should not be treated as sick leave or leave of absence, and employers are not allowed to deduct wages, count it as absenteeism, or use it as a basis for assessment points. The "Labor Contract Law of the People's Republic of China" (amended in 2012) requires employers to protect workers' rights in accordance with the law. If employers deduct wages or terminate labor contracts on the grounds of absenteeism during prenatal checkups, it is usually difficult to obtain support. If the employer requires workers to use their rest time for prenatal checkups or make up for the working hours afterwards, it is not in accordance with the regulations. Workers can request correction and compensation for the deducted wages.

1. Problem background and typical scenarios

Pre-natal checkups are one of the most commonly mismanaged types of leave. Common situations include: employers requiring pre-natal checkups to be deducted from employees' sick leave; requiring employees to use annual leave or adjust working hours to offset pre-natal checkup time; warning employees for excessive pre-natal checkups affecting their work; and recording pre-natal checkup days as absences and affecting full attendance bonuses. When handling such disputes in Beijing, the court will verify the pre-natal checkup records and attendance records to determine whether there are wage deductions or disciplinary actions. It should be noted that such disputes often involve both factual determination and procedural requirements. The relevant materials are often scattered among both parties, and the time limit is short and the professionalism is high. The earlier the evidence is systematically organized, the time points and legal basis are clarified, the more choices there will be in subsequent negotiations or litigation, and the more likely it is to avoid losing a favorable position due to procedural errors. In specific analysis, it is recommended to take the timeline as the main line, and to match the contracts, vouchers, communication records, and relevant legal basis one by one, forming a clear processing framework, which is conducive to judging the order and feasibility of various claims.

II. Key points of contention

Firstly, whether prenatal checkups are counted as working hours and whether it is necessary to follow the leave procedures. Secondly, the reasonable range of prenatal checkups and the boundaries of verification by the employer. Thirdly, whether the employer can require employees to make up for the working hours afterwards. Fourthly, the legality of deducting wages or bonuses for absences due to prenatal checkups. Fifthly, the nature of terminating the labor contract on the grounds of prenatal checkups. Sixthly, whether the subjects claiming rights are qualified and whether there are omissions of necessary counterparties and jointly responsible parties. Seventhly, the integrity of evidence and the distribution of the burden of proof will directly affect the outcome. Eighthly, whether relevant time limits and procedural requirements are complied with, and whether claims can still be made after the deadline. Ninthly, the scope of losses, causality, and the degree of the parties' own fault should be identified and proven based on specific materials. In addition, attention should be paid to whether the form of evidence is legal, whether key facts can corroborate each other, and the differences in cost, time, and feasibility of different handling solutions. On this basis, the priority path to be pursued should be determined.

III. Professional analysis by Henglue Law Firm

The practical experience of Henglue Lawyers is that the facts of prenatal check disputes are generally clear, and the key lies in the process and evidence. Workers should follow the unit's regulations to perform notification procedures, such as reporting the prenatal check time in advance and submitting prenatal check records or appointment vouchers, so that the unit can arrange work for them. However, this does not conflict with counting it as working time. The unit shall not handle it as sick leave on the grounds that the worker has not submitted a sick leave certificate, nor shall it require the worker to use rest time for prenatal check. If the unit deducts the worker's salary or full attendance bonus, the worker may request compensation. If the unit imposes a disciplinary measure or even terminates the labor contract on the grounds of absenteeism during prenatal check, it may constitute an illegal termination, and the worker may claim continued performance of the contract or compensation. In practice, it should also be noted that the number of prenatal check times should be consistent with the gestational age and medical advice. If it obviously exceeds the normal needs and cannot be explained, it may lead to disputes, but the unit shall not directly handle it as absenteeism.

IV. Practical suggestions and legal basis

Action list: First, report the time of the prenatal check to the unit in advance and submit the proof; Second, keep the records of the prenatal check and attendance, and check the salary payment; Third, raise objections in writing to the practice of deducting salaries for sick leave; Fourth, keep all documents when being disciplined or dismissed; Fifth, apply for labor arbitration in time to claim for supplementary wages or compensation. For issues involving female workers' rights and labor disputes, you can refer to the relevant regulations and provisions.Labor arbitration and work-related injury compensation; For those involving the review of the employer's system, you can refer to it for reference.Business and contract disputes in enterprisesLegal basis: Articles 5 and 6 of the "Special Provisions on Labor Protection for Female Workers" (promulgated and implemented on April 28, 2012), and Articles 4, 42, and 48 of the "Labor Contract Law of the People's Republic of China" (amended in 2012). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

First, the time spent on prenatal checkups should be counted as working hours and cannot be deducted from the employee's salary as sick leave. Second, completing the notification procedures can help reduce disputes, but it does not change the legal nature of the matter. Third, imposing disciplinary measures or terminating employment due to absences for prenatal checkups may constitute illegal dismissal. Fourth, it is important to keep records of prenatal checkups and attendance. Fifth, if the employer requires employees to use their rest time for prenatal checkups or make up for the missed working hours afterwards, this violates regulations. Employees can raise objections in writing and request rectification, and if necessary, file complaints with labor supervision authorities or initiate arbitration to claim back the withheld wages. Sixth, the number of prenatal checkups should be consistent with the pregnancy week and medical advice. Keeping complete records of prenatal checkups can help demonstrate the reasonableness of the time arrangement. For disputes involving prenatal checkups and wage compensation, employees can seek legal redress through appropriate channels.Labor arbitration and work-related injury compensationThe service has received support, and those involved in the review of the management system for female employees in enterprises can cooperate with each other.Business and contract disputes in enterprisesFor reference, the following is a translation of the Chinese sentence into English: \nRegarding the enforcement of the award amount, the following can be referred to:Creditor's rights and debts, and enforcementColumn.

VI. Frequently Asked Questions

Q1: Is the time spent on prenatal checkups considered as time off work?

No. If a pregnant female employee undergoes prenatal checkups during working hours, the time required for these checkups shall be counted as working hours. The employer shall not treat it as sick leave or personal leave, nor shall they deduct wages or bonuses on this basis. Cases vary greatly in terms of evidence forms, liability ratios, and procedural milestones. Relevant claims are usually subject to statutory time limits. It is recommended to fix written evidence as soon as possible, assert rights in a timely manner, and keep records of reminders, communications, and service delivery to avoid the outcome being affected by insufficient evidence or the expiration of time limits. Specific solutions should be determined by professional lawyers after evaluating the complete materials.

Q2: Is it legal to deduct wages for prenatal checkups?

It's illegal. If the employer deducts wages, full attendance bonuses, or other benefits from the worker on the grounds of absenteeism during prenatal checkups, it lacks legal basis. The worker can request compensation; if the employer terminates the labor contract on this basis, it may constitute an illegal termination, and the worker can claim corresponding compensation. Cases vary greatly in terms of evidence form, liability proportion, and procedural deadlines. It is recommended to fix written evidence as soon as possible, claim rights in a timely manner, and keep records of reminders, communications, and service delivery to avoid the outcome being affected by insufficient evidence or the expiration of the statutory period. Specific solutions should be determined by professional lawyers after evaluating the complete materials.

Q3: What materials do I need to submit for the prenatal checkup?

Generally, it suffices to follow the unit's regulations to complete the notification procedures. You can submit the prenatal checkup appointment form, outpatient records, or medical records to clarify the schedule. The unit may verify the information reasonably, but it is not allowed to use this as a reason to change the nature of the prenatal checkup time being counted as working hours. Cases vary greatly in terms of evidence form, liability ratio, and procedural timelines. Related requests are usually subject to statutory time limits. It is recommended to fix written evidence as soon as possible, assert rights in a timely manner, and keep records of reminders, communications, and service delivery to avoid the outcome being affected by insufficient evidence or expired time limits. Specific solutions should be determined by professional lawyers after evaluating the complete materials.

Q4: What should I do if my employer requires me to use my rest time for prenatal checkups?

This requirement does not comply with regulations. The time spent on prenatal checkups should be counted as working hours, and employers are not allowed to force employees to use their vacation or rest time for prenatal checkups. If no agreement can be reached, employees can report the matter to the labor and social security supervision department or apply for arbitration. Cases often vary greatly in terms of evidence form, liability ratio, and procedural deadlines. It is recommended to fix written evidence as soon as possible, assert rights in a timely manner, and keep records of reminders, communications, and service delivery to avoid the outcome being affected by insufficient evidence or the expiration of deadlines. Specific solutions should be determined by professional lawyers after evaluating the complete materials.

Q5: Will I be fired if I go for too many prenatal checkups?

Generally, this won't happen. The number of prenatal checkups should be in accordance with the gestational age and the doctor's instructions. The employer cannot terminate the labor contract on the grounds of absenteeism during prenatal checkups. If the employer terminates the contract on this basis, the employee can claim to continue the performance of the contract or request compensation, and submit the prenatal checkup records as evidence. Cases vary greatly in terms of evidence form, liability ratio, and procedural milestones. Relevant requests are usually subject to statutory time limits. It is recommended to fix written evidence as soon as possible, claim rights in a timely manner, and keep records of reminders, communications, and service delivery to avoid the outcome being affected by insufficient evidence or the expiration of time limits. The specific plan should be determined by a professional lawyer after evaluating the complete materials.

The above Q&A is mainly based on judicial practices in the Beijing area. There may be differences in the interpretation of rulings in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available 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 a timely manner.