[Direct answer]In the Beijing area, employees on long-term sick leave are not necessarily subject to dismissal, but there is room for conditional termination. According to Article 42 of the Labor Contract Law of the People's Republic of China (implemented on January 1, 2008 and amended on December 28, 2012), if an employee is ill or injured non-work-related during the prescribed medical period, the employer may not terminate the labor contract in accordance with Articles 40 and 41; if the employee is unable to perform their original job or any other job arranged by the employer after the medical period expires, the employer may terminate the contract in accordance with Article 40 after giving written notice 30 days in advance or paying an additional month's salary; if the sick leave note is found to be forged, the employer may terminate the contract in accordance with Article 39. In the event of unlawful termination, employees may request the restoration of the labor relationship or claim double compensation in accordance with Article 87. For more details, please refer to the Labor Contract Law of the People's Republic of China.Labor arbitration and legal services for work-related injury compensation.

1. Problem background and typical scenarios

After two or three years of chronic disease treatment, the company first urged employees to return to work, then said "they were not competent and would be reassigned elsewhere", and later issued a notice of termination; some were dismissed during their medical leave period on the grounds of absenteeism and false sick leave; others had their sick leave notes that were not in accordance with regulations, and the company suspected that the entire process was fabricated. Long-term sick leave involves three aspects: protection during the medical leave period, the termination procedure after the expiration of the medical leave period, and false sick leave. A single mistake could turn a legal termination into a two-fold compensation. Regarding the cross-cutting issues of the authenticity of sick leave materials and medical fraud, we can combine them with the following content for further discussion.Criminal defense and legal services for criminal case filingUnderstand the boundaries of responsibility for providing false certificates.

II. Key points of contention

The controversy focuses on four points. Firstly, the length of the medical leave: According to the "Regulations on the Medical Leave for Enterprise Employees Suffering from Illness or Non-work-related Injuries" (issued by the Ministry of Labor in 1994 and implemented on January 1, 1995), the medical leave lasts from three to 24 months, determined by the actual length of service and the length of service in the current unit. Secondly, the substantive conditions for termination after the expiration of the medical leave: It is necessary to simultaneously meet two conditions: being unable to perform the original job and being unable to perform the newly arranged job. Thirdly, the legality of the procedure: It is required to give written notice 30 days in advance or pay an additional month's salary. Failure to follow the procedure constitutes an illegal termination. Fourthly, the identification of false sick leave: If the sick leave or sick leave note is found to be fraudulent, the unit may terminate the employment in accordance with Article 39, but this requires having a system basis and supporting evidence.

III. Professional analysis by Henglue Lawyers

The case of the 12 workers whose employment contracts were illegally terminated by lawyer Feng Na fully demonstrates the legal boundaries and consequences of unilateral termination by employers. In August 2025, A Company terminated the employment contracts of 12 employees, including Zhang Li, Hu Fei, and Liu Gang, by issuing "Notices of Termination of Employment Relationship" on the grounds that recruitment procedures were found to be irregular during inspections. These employees had all provided labor, accepted management, and received salaries during their employment, and some had even renewed their employment contracts with the company. After accepting the case, lawyer Feng Na put forward the core defense arguments: labor contracts become effective upon signature and stamping by both parties, and social security registration is merely an administrative matter; renewal of contracts must follow the principle of mutual consent, and internal or superior-level approvals cannot infringe upon workers' rights; by comparing Article 39 of the Labor Contract Law and Article 19 of the Implementing Regulations of the Labor Contract Law (State Council Decree No. 535, implemented on September 18, 2008), it was determined that rectification during inspections and irregular recruitment procedures do not constitute legally permitted unilateral termination. The arbitration award ruled that the terminations were illegal, revoked the terminations, and ordered continued performance. The first-instance court fully adopted the lawyer's arguments, and the second-instance court dismissed the appeal and upheld the original judgment, achieving three consecutive victories in arbitration, first-instance, and second-instance proceedings. Although this case did not involve sick leave disputes, it nevertheless illustrates the same principle: unilateral terminations must comply with statutory circumstances and procedures, and the same applies to terminations during sick leave. This case was handled by Beijing Henglu Law Firm. 冯娜律师代理的12名劳动者违法解除案，完整展示了用人单位单方解除的合法性边界与违法后果：2025年8月，A有限公司以巡视巡察期间发现招录手续不规范为由，向张丽、胡菲、刘刚等12名员工发出《解除劳动关系通知书》，单方终止劳动合同。这些员工在职期间均正常提供劳动、接受管理并领取工资，部分还与公司续签了劳动合同。接受委托后，冯娜律师提出核心代理意见：劳动合同经双方签字盖章即生效，人社备案仅属行政管理事项；续签适用协商一致原则，内部或上级审批不能对抗劳动者权益；逐项对照《劳动合同法》第三十九条与《劳动合同法实施条例》（国务院令第535号，2008年9月18日施行）第十九条，巡视巡察整改、招录手续不规范均非法定单方解除情形。仲裁裁决认定解除违法、撤销解除并继续履行，二审驳回上诉、维持原判，实现仲裁、一审、二审三连胜。本案虽非病假争议，却印证了同一个原则：单方解除必须符合法定情形与程序，病假解除同样如此。本案由北京恒略律师事务所代理。Feng NaAttorney (practice license number: 11101202211562923, subject to the document issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 40 (termination and procedures during the medical period) of the Labor Contract Law of the People's Republic of China (implemented on January 1, 2008 and amended on December 28, 2012), Article 42 (prohibition of termination during the medical period), Article 39 (termination for serious disciplinary violations), Article 48 (consequences of unlawful termination), and Article 87 (double compensation); the "Regulations on the Medical Period for Enterprise Employees Suffering from Illness or Non-work-related Injuries" (Labor Department Circular [1994] No. 479, implemented on January 1, 1995), Article 3 (medical period of 3 to 24 months); and Article 27 (one-year arbitration statute of limitations) of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China (implemented on May 1, 2008). Action list: 1. During the sick leave period, keep complete medical records, sick leave certificates, and approval records. 2. When receiving a termination notice, first verify whether the medical period has expired and whether the procedures are legal. 3. If the employer terminates the contract on the grounds of false sick leave, request to provide verified evidence. 4. If you believe the termination is unlawful, apply for arbitration within the one-year arbitration statute of limitations. You can choose to restore the labor relationship or claim double compensation. For more details, please refer to the relevant provisions.Labor arbitration and legal services for work-related injury compensation.

5. Henglue Law Firm's Reminder

The outcome of long-term sick leave often depends on two factors: the medical period and the legal procedures. Dismissal during the medical period is almost indefensible except in the circumstances specified in Article 39; dismissal after the medical period expires must withstand scrutiny in both substantive and procedural aspects. Employees should avoid using sick notes from unverified sources, as a single act of forgery could destroy the entire basis for legal protection; employers should also avoid coercing employees into resignation through methods such as urging them to transfer to other positions or subjecting them to performance evaluations. When handling similar cases in the Beijing area, the remedies for unlawful dismissal typically focus on either restoring the employment relationship or awarding double compensation. It is recommended to seek legal assistance as soon as possible.Beijing Henglu Law FirmProfessional lawyers were involved in the assessment.

VI. Frequently Asked Questions

Q1: Can the company dismiss me during a long-term sick leave?

In principle, it is not allowed during the medical leave period. According to Article 42 of the Labor Contract Law, if an employee is sick or injured non-work-related during the prescribed medical leave period, the employer shall not terminate the contract in accordance with Articles 40 and 41; if the employee is unable to perform his/her original job or any other arranged job after the medical leave period expires, the employer may terminate the contract by giving written notice 30 days in advance or by paying an additional month's salary. The exception is in Article 39: if the employee forges the sick leave note or seriously violates the rules and regulations, the employer may terminate the contract immediately without compensation. The conclusion of the case depends on the determination of the medical leave period, the circumstances of the termination, and the evidence. No lawyer can guarantee victory or defeat unilaterally.

Q2: What evidence should I prepare if I'm unlawfully dismissed?

The core materials include: medical records, sick leave forms, and leave approval records, which are used to prove the authenticity of the sick leave and that the medical leave period has not expired; the basis for calculating the medical leave period, such as the date of employment, social security and file materials of the cumulative working years; termination notices and delivery records, which are used to confirm the termination time and reason; notifications and communication records from the employer regarding urging the employee to return to work, transferring the employee to a new position, or making alternative work arrangements, which are used to review the procedures; payroll records, which are used to calculate the compensation base; and the employer's rules and regulations and the records of publicizing and signing the rules, which are used to determine whether the basis for termination according to Article 39 is valid.

Q3: How much does it cost to litigate such cases?

There are no fees charged during the arbitration stage. In the litigation stage, fees are paid in accordance with the "Measures for the Payment of Litigation Costs" (State Council Decree No. 481, implemented on April 1, 2007), with a fee of 10 yuan per case for labor disputes. In some regions, the fee is halved or waived. Attorney fees are determined through negotiation between the law firm and the client, and are charged either per case or as a percentage of the total amount in dispute. There is no unified government pricing. For cases involving requests such as restoring the labor relationship, compensation for wage differences, and back pay, the total amount in dispute is usually higher, so it is recommended to hire a lawyer to handle all aspects of the case. The higher the claimed amount, the more it's worth investing in evidence collection.

Q4: How long will the dispute over being dismissed after the expiration of the medical leave period drag on?

Arbitration is generally concluded within 45 days from the date of acceptance, and the time limit may be extended by 15 days for complex cases. For those who do not accept the arbitration award and file a lawsuit, the first-instance ordinary procedure shall be concluded within six months, and the summary procedure within three months. Such disputes often involve the determination of the medical leave period and the investigation of whether it is reasonable to arrange alternative work, with a cycle of three months to one year. If the case proceeds to the second instance, it will take an additional three to six months. When handling similar cases in the Beijing area, it is recommended to apply for arbitration as soon as possible and, if necessary, apply for property preservation or provisional enforcement to avoid prolonged delays that may affect daily life and treatment.

Q5: What's the first step to take after receiving the notice of termination?

There are four steps to proceed: First, determine whether the employee is in the medical period and calculate the number of months according to the "Regulations on the Medical Period for Enterprise Employees Suffering from Illness or Non-work-related Injuries"; Second, verify the reasons and procedures for termination to see whether they meet the requirements that the employee cannot perform the original job or the arranged alternative job, and whether a 30-day notice or compensation in lieu of notice is provided; Third, regarding the allegations of false sick leave, require the employer to provide verified evidence and prove the authenticity of the sick leave; Fourth, if the employer is found to have violated the law, apply for arbitration within the one-year arbitration statute of limitations and explicitly choose to restore the labor relationship or request double compensation. If you are unsure about the legality of the procedures, it is recommended to consult a professional lawyer as soon as possible.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is provided 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.