Is Sick Leave Certified In A Designated Hospital?

In order to prevent employees from falsely leaving sick leave, some companies have proved to be "fake". They only require sick leave certificates issued by designated hospitals to ask for sick leave.

However, is this practice legal? Does it constitute a restriction on the right of employees to independently choose medical treatment? Recently, the first intermediate people's Court of Shanghai gave an answer in an administrative litigation case.

Ms Zhao is an employee of Jintian company.

Since February 2015, she has visited the mental health center of Shanghai for many times because of depression. In February 27, 2015, March 27th, April 27th and May 26th, the center issued a suggestion to deal with illness for one month.

Ms Zhao

After that, Kam Tin Company paid her sick leave at the rate of 3160 yuan per month, but suddenly stopped from May 16, 2015 and asked Ms Zhao to go to the designated Huashan hospital for reexamination.

In June 23, 2015, Zhao visited Huashan hospital as required. The doctor diagnosed as "resting for a week (depression)".

After the diagnosis came out, the company still did not pay the surplus.

。

Ms. Zhao believed that his legitimate rights and interests had been infringed and complained to the Pudong people's Insurance Bureau and asked the company to pay sick leave from May 16, 2015 to June 15th.

After investigation by the two sides, the Pudong people's Insurance Bureau issued a "Notice of order for correction" to Kam Tin Company on 29 September 2015, but the company did not rectify it.

The Pudong people's Insurance Bureau made an administrative decision in November 11th of the same year, demanding that Jintian company pay the salary remuneration of Zhao in June 2015 for a total of 3160 yuan within fifteen days from the date of receiving the administrative decision.

Jintian company refused to accept the decision, and the Pudong PICC was sent to the court to request the court to revoke the administrative decision made by the company.

Ms. Zhao participated in the trial as third people.

After hearing the court of first instance, the decision made by the Pudong people's Insurance Bureau that the facts were clear and the law applicable was correct.

Jintian company appealed to the Shanghai intermediate people's court.

Shanghai intermediate court heard that employers have the right to employees.

Questioned, but sick employees also have the right to choose the right hospitals according to the severity of the disease and the distance between hospitals. Employers need to submit the diagnosis and the certificate of sick leave when they are sick and rest.

Ms. Zhao has gone to Huashan hospital for reexamination in June 23, 2015 according to the requirements of Jintian company. There is no evidence that the mental health advice sheet issued by the Shanghai mental health center is false or inconsistent with the diagnosis and treatment standard.

While Kam Tin Company suggested that Ms Zhao had part-time job while she was ill, she had no relevant evidence to confirm.

According to the court, the Pudong people's Insurance Bureau requested that the administrative treatment of Jin Tian company pay the salary to Ms. Zhao, which decided to comply with the law.

For more information, please pay attention to the world clothing shoes and hats and Internet cafes.