System Management: You Must Behave Well When You Are Sick.

Xiao Diao worked as an account manager in an insurance company in Shanghai in February 20, 2010. Both sides renewed their labor contracts many times, and the last contract was not fixed. Xiao Diao has applied to the company for a leave of absence since December 7, 2013. In April 10, 2014, Xiao Diao sent an e-mail to the company abroad, saying that he was pregnant and was unable to return to the company until postpartum. In April 29, 2014, the insurance company wrote to Xiao Diao's reply that the materials provided by Xiao Diao were not in accordance with the relevant regulations of the company. Taking into account the special circumstances of Xiao Diao in foreign countries, the company could adopt an accommodation method. Xiao Diao needed to provide relevant evidential materials from overseas medical institutions or doctors, and provided the domestic notarization agencies to issue translations. The company measured whether to extend the vacation, otherwise, it would be necessary to report back to the company in time when the original holiday was completed, and not to report the departure. In May 28, 2014, the company issued a notice of the end of the leave to Xiao Diao, which stated that, in view of your failure to provide valid proof materials, the company can not assess and approve your extended holiday. If you haven't provided valid proof materials before the end of your leave (June 5th) and get the company's approval to extend the vacation, please return to work on time, that is, the normal attendance from June 6th.

After June 5, 2014, Xiao Diao did not return to the company to work, nor did he provide relevant evidence or get the company's extended leave consent. In June 18, 2014, the company discontinued labor contracts with Xiao Diao for more than three days. In April 9, 2015, Xiao Diao applied for arbitration to the local labor and personnel dispute arbitration committee, and asked the company to pay compensation for the illegal rescission of the labor contract. The Arbitration Commission's decision was not supported. Xiao Diao thinks that it is real for her to ask for sick leave. It is illegal for employers to terminate labor relations on the grounds of absenteeism. So, is it necessary to have sick leave as long as there is a genuine sick leave?

The legal basis for employing units to approve the sick leave of workers is traced back to the notice issued by the Ministry of labor, the economic and Trade Office of the State Council, the Ministry of health, the State Administration for Industry and Commerce and the all China Federation of trade unions in 1992 on the strengthening of the management of the long stay employees in the enterprises, of which second stipulates: "we must uphold and improve the vacation and resumption system for injured workers in enterprises. If a worker needs to take a leave due to injury, he shall have a certificate of illness diagnosis issued by an enterprise medical institution or a designated hospital, and shall be examined and approved by the enterprise.

　　 Worker During the period of illness, you can rest at home. If you do not need to provide normal labor, employers must pay their sick leave and pay social insurance for them. This is the obligation of employers to take care of their employees. It is also the right of laborers to empower workers. The enjoyment of the right of laborers is based on the duty of care of employers. Under the premise of not receiving the services of the workers, the employers should bear the corresponding duty of care, and of course, they should give them the right to discriminate. Employing the internal rules and regulations, such as holiday management, the employer stipulates that workers should apply for all kinds of vacations. Asking for leave In order to have a clear legal basis for the screening and examination of employers, it is also reasonable.

Therefore, the laborers have the obligation to obey the legal and valid leave system of employer's sick leave. If a serious violation of the employer's valid leave system, even if the illness is real, it also constitutes a "serious violation of the rules and regulations of the unit". The employer's punishment is also permitted by law. In the foregoing cases, Xiao Diao did not go on duty after the end of his leave in June 5, 2014, nor did he go through the renewal procedures in accordance with the company's rules and regulations. Although the company has repeatedly issued a notice to require it to provide relevant certificates, Xiao Diao has been ignoring it. Xiao Ao's above behavior seriously violates the company's rules and regulations.

From this, we can conclude that sick leave requires not only genuine "sick leave proof materials" but also "effective leave system" for employers. Accordingly, the author suggests:

1, sick leave request procedures can be classified. For example, when an employee needs to see a doctor in a non urgent situation, he may ask the employee to fill in the leave application form and enjoy the sick leave after the approval of the authorized authority. In case of emergency, if the employee fails to fill in the leave application form in advance, he can ask for leave by telephone or send a leave request through a short message or e-mail. He can receive sick leave after receiving the phone call, text message or mail reply. If the employee is unable to complete the telephone, message or mail in a critical situation, he or she can complete the sick leave procedure after the condition is stable.

2, the employer shall not restrict the employee to the hospital. Basic medical treatment for employees in Shanghai Insurance method "Stipulates:" workers can go to the designated medical institutions within the city limits. Workers can be dispensed in designated medical institutions, and can also be dispensed to designated retail pharmacies according to regulations. The employees' employment places or places of residence in other provinces and municipalities, as well as in other provinces and municipalities, may go to local medical institutions for medical treatment. According to this method, laborers have the right to choose medical institutions independently, and employers have no right to deprive workers of such rights.