[Direct answer]No. Submitting a diagnosis certificate and a sick leave recommendation from a formal medical institution and following the company's procedures to apply for sick leave constitutes a legally permitted sick leave, which is completely different from absenteeism—absenteeism refers to being absent without a valid reason, while sick leave is the right to take leave for a legally defined reason. If the company misclassifies sick leave as absenteeism and then terminates the employment contract on the grounds of "continuous absenteeism," this constitutes an illegal termination, and the employee can claim compensation at twice the standard of economic compensation. However, there are two points to note: the sick leave certificate must be authentic and compliant (submitting a false sick leave note constitutes a violation of company rules); and the leave application must follow the company's procedures (procedural flaws may become a point of dispute).

I. Problem Background and Typical Scenarios

An employee was hospitalized due to illness and sent the sick leave note to his supervisor by taking a photo of it. However, when he returned to work, he was informed that "three days of absenteeism would be treated as an automatic resignation". There are also companies that deliberately refuse to approve sick leave, create the fact of "absenteeism", and then terminate the employment contract. The dispute over the determination of sick leave and absenteeism is often a "technical operation" by the company to save on medical leave wages or avoid compensation for termination.

II. Key points of contention

First, the requirements for establishing sick leave, the supporting documents, and the leave application process; Second, the legal boundaries of the company's refusal to approve sick leave; Third, the scope of protection during the medical period and whether the employment contract can be terminated during sick leave; Fourth, the calculation of compensation for unlawful termination.

III. Professional analysis by Henglue Law Firm

First, the legal requirements for sick leave: a diagnosis certificate and leave recommendation from a formal medical institution, and a leave application submitted in accordance with company regulations—if both of these are fulfilled, the leave is considered legitimate. If the company denies the leave on grounds such as "the manager didn't sign it" or "it wasn't submitted through the OA system," and the employee has fulfilled their obligation to provide reasonable notice (e.g., via WeChat or email with proof), procedural flaws cannot negate the substantive legitimacy of the leave. Second, the company's authority to deny leave: sick leave is a statutory right, not a discretionary benefit granted by the company. The company has no right to substantively deny legitimate sick leave applications—it can only verify the authenticity of the materials and compliance with company procedures. Maliciously denying leave or labeling it as absenteeism may constitute self-incriminating evidence for unlawful termination in the attendance records. Third, medical leave protection: According to the company's regulations on medical leave for employees due to illness or non-work-related injuries, the duration of medical leave varies from three to 24 months based on the employee's seniority. During this period, termination based on fault-free dismissal or economic layoffs is prohibited. Even after the medical leave expires, if the employee cannot perform their original job or any reassigned duties, termination must include 30-day written notice and payment of economic compensation plus medical subsidies. Fourth, legal remedies: For employees terminated as absenteeism, file a labor arbitration claim within one year to seek compensation for unlawful termination (double the standard economic compensation, commonly referred to as "2N") and unpaid sick leave wages (in Beijing, at least 80% of the minimum wage). Evidence includes sick leave notes, chat records, attendance screenshots, and hospital records. Companies misusing sick leave as absenteeism essentially weaponize employees' statutory rest rights for dismissal—arbitration tribunals have consistently strict scrutiny of such practices. This highlights the importance of employees ensuring the authenticity of sick leave documents, maintaining written records of leave requests, and completing all procedural steps to eliminate loopholes for companies to misclassify sick leave as absenteeism.

IV. Practical suggestions and legal basis

The first step is to submit a diagnosis certificate and a written request for leave while on sick leave, ensuring full documentation of the process. The second step is to immediately file a written appeal and retain attendance records if the request is denied or the employee is recorded as absent without leave. The third step is to apply for arbitration within one year of termination to claim compensation and sick leave wages. The fourth step is to strictly avoid falsifying sick leave documents, as authentic materials are a prerequisite for protecting legal rights. Key legal references: Article 42 of the Labor Contract Law of the People's Republic of China (amended in 2012) regarding restrictions on dismissal during the medical leave period; Articles 47 and 87 regarding economic compensation and compensation payments; The "Regulations on Medical Leave for Employees Suffering from Illness or Non-work-related Injuries" (implemented on January 1, 1995); Provisions on sick leave wages in the Beijing Municipal Wage Payment Regulations; Specific applications shall follow the currently effective regulations.

5. Henglu Law Firm's Advice

The three essential documents for protecting your rights during sick leave: a diagnosis certificate, a written leave request, and a record of the entire process—with these three documents in hand, you won't be accused of absenteeism, and you'll be able to recover compensation for unlawful termination. For disputes involving sick leave and termination, you can resolve them through legal channels.Labor arbitration and work-related injury compensationObtain a comprehensive solution for the service; for matters involving the calculation of medical leave and the recovery of wages, you can combine the two approaches.Special servicesPlate; for cases involving the enforcement of compensation, you can refer to it for reference.Creditor's rights and debts, and enforcementColumn; for issues related to other labor rights, you can seek adviceBusiness and contract disputes in enterprisesThe team is responsible for the labor-related matters.

VI. Frequently Asked Questions

Q1: If I request a leave of absence on WeChat without following the official procedure, does it count as sick leave?

If the supervisor has received the request and raised no objections, it is generally recognized that the employee has fulfilled their obligation to request leave reasonably. If the company's procedures are so strict as to hinder normal leave requests, the employee's sick leave cannot be denied on this basis.

Q2: What should I do if the company doesn't approve my sick leave request?

Keep the sick leave materials and evidence of the refusal to approve the leave, and claim the sick leave wages and correct the attendance records in the subsequent arbitration; for those who have been dismissed, they can claim compensation for the unlawful dismissal.

Q3: Can the company terminate the contract during the medical leave period?

It is not allowed to terminate the employment contract based on the provisions on no-fault dismissal and layoffs; the employment contract can still be terminated in cases of serious disciplinary violations or other fault-based circumstances, but the company needs to provide evidence to support this.

Q4: How much compensation can I get for an illegal termination?

The standard of economic compensation is twice the amount, that is, two months' salary for each year of work, commonly known as "two Ns", which should be claimed separately from the compensation for notice of termination and other items.

Q5: How much is the sick leave salary?

The standard in Beijing is no less than 80% of the minimum wage. The specific proportion depends on the employee's work experience and the company's system, and it must not be lower than the statutory minimum wage.

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

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 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.