[Direct answer]In the Beijing area, if an employee submits a diagnosis certificate from a formal medical institution and follows the proper procedures for requesting leave, the employer cannot refuse without justifiable reasons. If the leave request is unreasonably rejected and the employee fails to report to work, it generally does not constitute absenteeism. If the employer terminates the contract on this basis, there is a risk of being deemed to have illegally terminated the contract. According to Article 42 of the Labor Contract Law, during the prescribed medical leave period, the employer may not terminate the contract in accordance with Articles 40 and 41. In case of illegal termination, the employer shall pay compensation at twice the standard of economic compensation. The medical leave period is determined according to the employee's length of service, with a range of 3 to 6 months for those with less than 10 years of actual work experience. It is recommended to keep written records of the leave request and attach medical certificates. If the request is rejected, promptly file a written appeal and preserve the relevant evidence. For more details, please refer to the following link:Labor arbitration and legal services for work-related injury compensation.

I. Problem background and typical scenarios

Sick leave disputes are common among employees who require long-term treatment or regular check-ups. Typical scenarios include: employees being verbally denied sick leave after submitting a sick leave note, being recorded as absent from work despite insisting on rest; employers reducing the number of sick leave days on the grounds of "staff shortages" or "peak seasons"; not recognizing community hospital or outpatient records on the grounds of "unofficial sick leave certificates"; and even terminating contracts on the grounds of continuous absenteeism. Workers' concerns focus on "what to do if the sick leave is not approved" and "whether being recorded as absent from work will lead to dismissal". It should be noted that taking sick leave is a statutory right, and the medical period is a dismissal protection period. If the employer does not approve the leave, it does not mean that the employee loses the right to rest and receive treatment. For cases involving injury and illness compensation determination, reference can also be made to relevant regulations.Personal injury and medical dispute services.

II. Key points of contention

The focus of the dispute lies in four aspects. Firstly, regarding the leave application process: Where the unit's rules and regulations clearly stipulate the leave application process and approval authority, employees should comply with these regulations. If the application process has flaws but has been promptly rectified, it is generally not appropriate to directly treat it as absenteeism. Secondly, regarding the validity of sick leave certificates: Diagnostic certificates and medical recommendations issued by formal medical institutions are legally binding. If the unit questions the authenticity of the certificates, it may request verification, but it cannot refuse to accept them solely based on suspicion. Thirdly, regarding the length of the medical leave period: It is determined based on the employee's actual working years and the length of their service with the unit, ranging from three to 24 months, during which the employee is protected against dismissal. Fourthly, regarding the legality of termination: If termination is carried out on the grounds of absenteeism during the medical leave period, arbitration and courts will focus on reviewing whether the sick leave application was unreasonably rejected, and both the grounds and procedures must be lawful.

III. Professional analysis by Henglue Law Firm

Based on our practical experience in handling labor dispute cases, the outcome of such cases often depends on "written evidence". In arbitration practice in Beijing, if employees submit leave applications via email, OA, or WeCom and attach a diagnosis certificate, and the employer refuses to approve the leave, the employees can respond in writing stating that they will rest according to the doctor's advice. Even if they are recorded as absent without leave or have their contracts terminated, their claims for compensation for unlawful termination are usually supported. Conversely, if they only request leave orally and cannot provide evidence later, they are likely to be classified as absent without leave by the employer. A common mistake made by employers is equating "not approving" with "handling according to the system", ignoring the protection of medical leave and the obligation to conduct reasonable reviews. Henglue Lawyers usually recommend keeping evidence on two fronts: employees should keep medical records, leave notes, and records of leave applications and appeals; at the same time, they can report the situation to the trade union or labor supervision authorities. For enterprises with standardized sick leave approval systems, they can follow up accordingly.Intellectual property protection and corporate legal servicesImprove the process.

IV. Practical Suggestions and Legal Basis

Main legal basis: Article 40 (Rules for terminating the employment contract when an employee is unable to work after the expiration of the medical leave) and Article 42 (Employees who are ill during the medical leave period shall not be terminated in accordance with Articles 40 and 41) of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012, and implemented on July 1, 2013); Article 87 (For unlawful termination, the employer shall pay compensation at twice the standard of economic compensation); the "Regulations on Medical Leave for Employees Suffering from Illness or Non-work-related Injury" (implemented on January 1, 1995), Article 3 (determining the medical leave period based on the actual working years and the length of service in the unit, with a range of 3 months to 24 months); and Article 59 of the "Opinions on Implementing the Labor Law of the People's Republic of China" (Labor Department Document No. 309 [1995]), which stipulates that the sick leave salary shall not be less than 80% of the local minimum wage. Practical suggestions: Submit a written request for leave with supporting evidence; file a written appeal after being rejected; immediately raise written objections if recorded as absent without leave; and consult a lawyer for assessment before terminating the employment contract.

5. Henglu Law Firm's Advice

Here are three tips: First, sick leave is a right, not a favor, but you must request it according to the system. Leaving a written record is key to fighting against being labeled as "absenteeism". Second, if you are dismissed during the medical leave period, pay attention to the one-year arbitration statute of limitations and promptly claim compensation for unlawful dismissal or demand the continuation of the contract. Third, although sick leave pay is lower than normal wages, it must not be less than 80% of the local minimum wage. If the employer does not pay at all, it is illegal. You can pursue both physical treatment and legal protection simultaneously. First, secure evidence and then discuss solutions. Never lose important documents during emotional confrontations. For case evaluations, please contact us viaSpecial services and other case servicesMake an appointment for a consultation, or visitBeijing Henglu Law FirmUnderstand the processing approach.

VI. Frequently Asked Questions

Q1: If an employee is recorded as absent without leave and is subsequently dismissed, can they claim compensation?

There's a chance. If you have submitted a diagnosis certificate from a formal medical institution and gone through the leave application process, and the employer refuses to approve the leave without a valid reason and terminates the contract as absenteeism, there's a high risk of illegal termination. You can claim to continue performing the contract or be compensated with twice the amount of economic compensation; the protection during the medical leave period is even stricter. The key lies in written evidence: the leave application, the diagnosis certificate, and the record of the refusal and appeal are all indispensable. If you only request leave verbally and cannot provide evidence, you may be deemed to have committed absenteeism. It is recommended to apply for arbitration within one year after receiving the termination notice, first securing the evidence and then discussing the amount of compensation.

Q2: What evidence do I need to prepare to claim compensation for an unlawful termination?

The core evidence includes: a diagnosis certificate from a medical institution, medical records and medical orders (proving the need for rest), leave application and approval transfer records (proving the completion of procedures), written refusals or chat records from the employer (proving unreasonable refusals), pay slips and bank transaction records (calculating the base amount), labor contracts and termination notices (proving the facts and reasons of termination). The evidence is organized around "having a basis for sick leave - completing leave procedures - the employer's unreasonable refusal - being recorded as absent and terminated". If the employer controls the leave system data, the arbitration tribunal may order them to submit the data. If they refuse to submit the data, they will bear the adverse consequences.

Q3: How much does it cost to sue for being fired while on sick leave?

Labor arbitration is free of charge, and the acceptance fee for litigation cases is 10 yuan per case, with very low procedural costs. Lawyer's fees are negotiated on a per-case or percentage-of-the principal basis; compensation for unlawful termination is calculated at two months' salary per year of service, with the compensation amount being moderate. Most cases can be entrusted in stages. At the same time, don't forget about the difference in sick leave wages: if you don't receive sick leave wages during the period when your request for sick leave is rejected, you can claim compensation to cover the difference up to a standard of no less than 80% of the local minimum wage. It is recommended to combine the compensation with the difference in wages when making a decision, so as to avoid only focusing on the compensation and missing out on other claimable items, and recovering multiple losses at once.

Q4: How long does it take to arbitrate a sick leave dispute? What is a reasonable length of the medical leave period?

In terms of procedure, the arbitration shall be concluded within 45 days from the date of acceptance, and the time limit may be extended by 15 days for complex cases. For cases involving appeals against the arbitration award, the first-instance trial will last from three to six months. Regarding the medical leave period, according to Article 3 of the "Regulations on the Medical Leave Period for Enterprise Employees Suffering from Illness or Non-work-related Injuries", for those with less than 10 years of actual work experience who have worked in the current unit for less than 5 years, the medical leave period is 3 months; for those with more than 5 years of work experience, it is 6 months; and for those with even longer work experience, it can reach 9 months to 24 months. The medical leave period is calculated based on the cumulative sick leave time, and the employer is not allowed to arbitrarily terminate the employment contract during this period. The length of the medical leave period in individual cases is influenced by the employee's work experience. It is recommended to first compare it with your own work experience and then evaluate whether the employer's handling of the case is illegal.

Q5: If the unit refuses to approve sick leave and threatens to treat it as absenteeism, what should I do first?

It is recommended to follow four steps: First, immediately resubmit the written leave application by email or through the office automation system (OA), attaching the diagnosis certificate and medical orders, and specifying the start and end dates of the leave; Second, after being rejected, respond in writing that you will follow the doctor's orders to rest, and simultaneously leave a record with your direct supervisor and the HR department. Do not lose contact with them; Third, if you are recorded as absent without leave or receive a termination notice, immediately file a written objection, keep all records, and file a complaint with the labor supervision department; Fourth, apply for labor arbitration within one year, claiming the revocation of the absent without leave determination, the payment of the difference in sick leave wages, or compensation for illegal termination. The key is to keep everything in writing, so that every rejection by the company can be documented. You can also visit the labor supervision department first for advice.Beijing Henglue Law FirmObtain a case assessment.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

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