[Direct answer]In the Beijing area, sick leave is a statutory right of workers to rest and receive compensation when they are ill or suffer non-work-related injuries. If the employer refuses to approve the leave without a valid reason, deducts wages, imposes disciplinary penalties such as treating it as absenteeism, or even dismisses the worker, the worker can protect their rights by providing formal medical treatment materials. According to Articles 38 and 48 of the Labor Contract Law of the People's Republic of China (implemented on January 1, 2008 and amended on December 28, 2012), if the employer imposes illegal disciplinary penalties or terminates the contract, the worker can claim back wages, demand the continuation of the contract, or seek double compensation. It is recommended to first collect evidence of medical treatment and communication, and then seek help from labor supervision or arbitration.

1. Problem background and typical scenarios

Disputes over the approval of sick leave often occur in three situations: First, after employees submit hospital certificates, the employer verbally refuses on the grounds of "staff shortages" or "strict systems" and still requires them to report to work; Second, the employer only recognizes certificates from designated hospitals and refuses to accept certificates from other hospitals or emergency departments, arbitrarily handling them as leave without pay or absenteeism; Third, employees are subject to salary reductions, suspension of social insurance payments, or even dismissal for "unexcused absences" during their sick leave. Workers often mistakenly believe that "if the employer doesn't approve it, it doesn't count as sick leave", but in fact, the right to sick leave stems from medical needs rather than approval. For more details, please refer to the relevant rules.Labor arbitration and legal services for work-related injury compensation.

II. Key points of contention

The controversy focuses on four points. Firstly, the nature of the approval process: Sick leave is a statutory right, and employers may verify the authenticity of the leave within reasonable limits, but they cannot deny genuine sick leave with the approval power, nor can they fabricate absenteeism by refusing to approve it. Secondly, the standard of treatment: During the medical leave period, employers must pay sick leave wages or disease relief fees in accordance with the law. Agreements that are lower than the minimum wage standard are invalid. Thirdly, the boundaries of disciplinary action: Recording a demerit or dismissing an employee on the grounds of refusing to approve sick leave requires having a legal system and factual basis. Otherwise, it constitutes an illegal termination. Fourthly, the burden of proof: When workers present formal medical treatment materials, employers who deny their authenticity should provide evidence to refute them. In the judicial practice of the Beijing area, employers bear a higher burden of proof regarding the reasonableness of their refusal to approve sick leave and the basis for their disciplinary actions.

III. Professional analysis by Henglue Law Firm

A dispute over illegal termination of employment represented by Attorney Feng Na provided a reference for the principle that "termination must follow legal procedures". Li * was employed by Beijing A Technology Co., Ltd. as a technical staff member on November 17, 2022, with a base salary of 35,000 yuan per month and a performance bonus of 5,000 yuan per quarter, resulting in an annual salary of 110,000 yuan including fixed year-end performance bonuses. On March 19, 2025, A Company terminated the employment contract on the grounds of "economic layoffs" and paid compensation of 9,028 yuan. Li * argued that the layoff had not been reported to the labor administrative department, failed to comply with legal procedures, and constituted an illegal termination. After reviewing the evidence, Attorney Feng Na pointed out that Article 41 of the Labor Contract Law explicitly stipulates that economic layoffs must report the layoff plan to the labor administrative department. The absence of this preliminary procedure directly rendered the termination legally invalid. The company's paid economic compensation should be deducted when calculating the double compensation, and the remaining amount should be supplemented. The Arbitration Commission issued Arbitration Award No. 02XXX0 of 2025, confirming the labor relationship and supporting 18,602 yuan in unpaid annual leave wages and 91,821 yuan in illegal termination compensation. The parties appealed to Chaoyang District Court. This case highlights that employers must follow legal procedures for disciplinary actions and terminations, and both approval and termination cannot be carried out arbitrarily. This case was handled by Beijing Henglu Law Firm. 冯娜律师代理的一起违法解除争议，为“解除须依法定程序”提供了参照。李某某2022年11月17日入职北京A科技有限公司担任技术岗，约定基础工资35000元/月加绩效5000元/季，年薪含固定年终绩效11万元。2025年3月19日，A公司以 “经济性裁员” 为由解除并支付补偿92008元；李某某认为裁员未向劳动行政部门报告，不符合法定程序，属违法解除。冯娜律师梳理证据后指出，《劳动合同法》第四十一条明确规定经济性裁员须将裁减方案向劳动行政部门报告，该前置程序缺失直接导致解除不具合法效力；公司已付经济补偿应在计算二倍赔偿金时抵扣，需补足差额。仲裁委作出京朝劳人仲字〔2025〕第2XXX0号裁决，确认劳动关系并支持未休年休假工资18602元、违法解除赔偿金差额91821元，双方诉至朝阳区法院。本案提示：单位对人的处分与解除都必须走法定程序，审批与解除均不能随意。本案由北京恒略律师事务所代理。Feng NaAttorney (Practice Certificate No.: 11101202211562923, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 38 of the Labor Contract Law of the People's Republic of China (implemented on January 1, 2008 and amended on December 28, 2012), which stipulates that workers can terminate the contract and seek compensation if the employer is at fault; Article 43, which requires employers to notify the trade union when terminating the contract; Article 47, which stipulates economic compensation; and Articles 48 and 87, which stipulate double compensation for illegal termination; Article 19 of the Implementing Regulations of the Labor Contract Law of the People's Republic of China (implemented on September 18, 2008), which stipulates statutory circumstances for termination; and the "Regulations on the Medical Leave for Workers Suffering from Illness or Non-work-related Injury" (implemented on January 1, 1995), which stipulates the length of the medical leave. Action list: 1. After visiting the doctor, keep the registration, diagnosis, leave recommendation, and payment receipts. 2. Submit the leave note in accordance with the system and keep the delivery records. 3. If the employer does not approve the leave, provide a written explanation and continue to provide medical certificates. 4. If the employer deducts wages or terminates the contract, first negotiate with them and preserve the evidence. 5. Submit the dispute to arbitration. For more details, please refer to the following link: [https://www.zhihu.com/question/381355826/answer/446359384]Labor arbitration and legal services for work-related injury compensation.

5. Henglu Law Firm's Reminder

Employee Tip: The right to sick leave is supported by evidence. The more complete the medical materials are, the harder it will be for the employer to deny it unilaterally. Don't leave work without permission or lose contact with the employer if the application is rejected, to avoid being accused of absenteeism. Employer Tip: The approval right is not a right to deny it. Legitimate sick leave should be guaranteed in accordance with the law, and using the refusal to approve it to impose disciplinary measures may easily lead to illegal dismissal compensation. When handling similar cases in the Beijing area, it is recommended to follow the procedures as required by law.Beijing Henglu Law FirmUnder the assistance of professional lawyers, the boundaries between the medical leave period and compensation are clarified.

VI. Frequently Asked Questions

Q1: Even if my unit refuses to approve my sick leave, can I still take it?

Yes. The right to sick leave stems from medical needs rather than requiring approval or consent. If you have a diagnosis and leave recommendation from a formal hospital, you are entitled to rest and sick leave pay. The employer cannot refuse to grant sick leave without a valid reason, and the legality of the sick leave cannot be altered. It is recommended to deliver the leave note and medical visit receipts in writing or by email, and to keep the delivery records as evidence for future rights protection and refuting claims of absenteeism.

Q2: If the company refuses to approve my sick leave, what evidence do I need to prepare?

There are four categories of core evidence: First, medical materials, including registration slips, outpatient medical records, diagnosis certificates, leave recommendations, and payment receipts; Second, submission records, such as WeChat messages, emails, or paper receipts sent to supervisors or HR departments to request leave; Third, benefit records, including payroll records, attendance records, and deduction notifications; Fourth, communication records, such as written or audio evidence of the employer's refusal to approve the leave request or imposing disciplinary measures for absenteeism. All materials should be organized chronologically and compiled into a complete set of evidence.

Q3: How much does it cost to protect one's rights in a sick leave dispute?

Arbitration is free of charge. For cases filed in court, the acceptance fee is charged in accordance with the "Measures for the Payment of Litigation Costs" (State Council Decree No. 481, implemented on April 1, 2007), with the amount of the litigation request as the base for calculating the fee in stages. For claims for back wages and compensation, the fee is calculated according to the corresponding amount. For mediation or withdrawal of the lawsuit, the fee is reduced by half. Lawyer's fees are determined through negotiation between the law firm and the client, and there is no unified government pricing. Before entrusting a lawyer, it is recommended to clarify the charging method and stages, and to calculate the costs and expectations.

Q4: How long does it take from filing a complaint to obtaining the results?

You can first file a complaint with the labor supervision authority, and the case will generally be handled within 60 working days from the date of acceptance; for disputes over rights and interests, arbitration is usually concluded within 45 days, and the time limit may be extended for complex cases; for appeals against the arbitration award, the first-instance ordinary procedure takes six months, the summary procedure takes three months, and the second-instance procedure takes three months. If the evidence is complete and the facts are clear, the time period will be significantly shorter than the above-mentioned upper limit, and mediation is often reached at any stage.

Q5: What should I do if I'm not granted sick leave and am dismissed instead?

There are four steps to proceed: First, require the unit to issue a written notice of termination and state the reasons; Second, organize the proof of medical treatment and the delivery of the leave note to prove that the leave is true and legal; Third, check whether the unit's system is publicly announced and whether the termination has been notified to the trade union; Fourth, apply for labor arbitration and claim to continue to perform the contract or seek double compensation for the illegal termination. If necessary, hire a professional lawyer. For more details, please refer to the following link:Labor arbitration and legal services for work-related injury compensationAvoid escalating the confrontation and prioritize securing evidence first.

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 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 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 a dispute arises, please consult a practicing lawyer in time.