[Direct answer]In the Beijing area, during the medical leave period and after returning to work, the employer has no right to unilaterally demote or reduce the employee's salary—the medical leave period is a "protective period" granted by law to workers. The salary during the sick leave period must not be lower than 80% of the local minimum wage. Any changes to the employee's position or salary after returning to work constitute amendments to the labor contract, which require mutual consent. If the employer unilaterally demotes the employee without consultation, the employee can refuse and demand to return to their original position and salary. Those who are covertly forced to leave (with unacceptable salary cuts or marginalization) can claim forced termination and demand economic compensation. The three-step process for protecting rights includes: leaving a written objection for evidence, continuing normal attendance, and filing for arbitration to demand restoration of benefits or compensation.

I. Problem background and typical scenarios

After taking three to five months of sick leave due to a serious illness or surgery, the employee is informed on their first day back to work that "their position has been adjusted and their salary has been reset": their supervisor has been replaced by a specialist, their performance has been reset to zero, and they have even been assigned to a marginal department to wait for a new job opportunity—the employer's intention is to make the employee quit on their own.

II. Key points of contention

First, the protection rules for medical leave and sick pay. Second, the legal boundaries of job changes after returning to work. Third, the identification and response to covert coercion. Fourth, the organization of arbitration requests.

III. Professional analysis by Henglue Law Firm

First Level: Basic Rules for Medical Leave Protection - Medical leave is determined based on work experience (3 to 24 months). During this period, the employer cannot terminate the contract due to non-fault dismissal or economic layoffs. - Sick pay is calculated according to local regulations, generally not less than 80% of the minimum wage. - If the employee cannot return to their original job or be reassigned to another position after the medical leave expires, the employer may terminate the contract and pay economic compensation and medical subsidies. Note: This is the only legal channel for termination, and the "reassignment process" must be completed first. - Employer demotions and pay cuts are illegal under the medical leave system. Second Level: Legality Review of Return-to-Work Changes - Job and salary are core terms of the labor contract and require mutual consent and written confirmation for changes. - Exceptions are limited: if the employee is genuinely unable to perform their original job after recovery and has medical certificates and reasonable adjustment justifications, the employer may adjust the position, but the pay cut must match the position and follow proper procedures. - Three review criteria for employer adjustments: medical assessment basis, negotiation process, and contract/system basis. - Reject all adjustments lacking these three elements. Third Level: Identifying Disguised Coercion - Typical tactics: transferring to unrelated positions, cutting performance bonuses by half, repeatedly pressuring to resign due to "physical unsuitability," and filing attendance records as absenteeism. - Countermeasures: Require written documentation for all changes (oral requests must be confirmed by email). Refuse changes and continue working in the original position. Immediately appeal attendance irregularities and save chat records. - For forced terminations (insufficient pay or failure to provide agreed-upon working conditions), actively terminate the contract and claim economic compensation, noting the forced termination reason in the notice. Fourth Level: Arbitration Claim Organization - Primary claim: Choose one of the following scenarios: - Disagree with changes: Request restoration of original position and back pay. - Accept current status but seek compensation: Claim economic compensation (one month's salary per year of service) based on forced termination. - Secondary claims: Claim back pay for sick leave (covering shortfalls), performance bonuses, and year-end awards. - Evidence package: Labor contract and position certificates, sick leave approval records, post-return transfer notifications, and chat records. - Arbitration statute of limitations: One year from the date of transfer action. Act swiftly.

IV. Practical suggestions and legal basis

The first step is to check the job compensation upon returning to work and raise objections to any changes in writing. The second step is to insist on attending work at the original position and keeping records, and refuse oral job transfer requests. The third step is to collect evidence such as job transfer notifications, salary comparisons, and medical certificates. The fourth step is to apply for arbitration within the statute of limitations and claim restoration of compensation or compensation for forced termination. The main legal basis includes Articles 35, 38, 40, and 46 of the Labor Contract Law of the People's Republic of China, the provisions on medical leave for employees who fall ill or suffer non-work-related injuries, and the regulations on wage payment in Beijing. The specific application shall be subject to the currently effective regulations.

5. Henglue Law Firm's Reminder

Three key points for returning to work after sick leave: 1. Medical leave offers protection against dismissal or pay cuts—these require negotiation. 2. All changes must be in writing; verbal job transfers must be rejected with a formal response. 3. Don’t quit impulsively when cornered—clearly document the reasons for the forced termination to claim compensation. For help with protecting your rights during the return-to-work process, please contact us.Labor arbitration and work-related injury compensationWe provide a comprehensive solution for services, which includes assistance in resolving compensation issues.Special servicesFor disputes involving sick leave pay, you can refer to the relevant provisions in the Labor Contract Law of the People's Republic of China.Special services and other casesFor any questions regarding difficult situations, you can consult the column for assistanceSpecial services and other casesColumn.

VI. Frequently Asked Questions

Q1: How is the length of the medical leave period calculated?

The length of the medical leave period shall be determined based on the actual length of service and the length of service in the current unit, with a minimum of three months and a maximum of 24 months. The cumulative length of medical leave shall be calculated in accordance with the specific provisions of the medical leave period table.

Q2: How is sick leave pay paid out?

Not less than 80% of the local minimum wage. Where there are regulations, the payment shall be in accordance with the regulations, but not less than the minimum wage; the difference below the standard may be claimed for reissuance.

Q3: If the company says that the position was cancelled before the transfer, is that legal?

For a transfer to a different position due to changes in objective circumstances, it is necessary to reach a consensus through consultation or comply with legal procedures, and the transfer should be reasonable (with skills matching and equivalent compensation). Transfers to marginalized positions that are used as a pretext can be rejected.

Q4: Can I still claim compensation after continuing to work after a pay cut?

Yes; continuing to attend work does not equal accepting the changes. After leaving a record of the written objection, the arbitration can claim compensation for the difference; there is a risk that the months of silence exceeding a reasonable period may be deemed as tacit acceptance, so it is necessary to raise objections in a timely manner.

Q5: Can I still get compensation if I resign on my own?

If an employee is forced to terminate the employment contract due to the employer's failure to pay wages in full or provide working conditions as agreed, they can receive economic compensation. However, if the employee resigns for personal reasons, they will not receive any compensation, and the reasons for the termination determine everything.

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

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·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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.