Can I unilaterally terminate the employment of the employee during his/her sick leave period?
An employer is prohibited from terminating any employee on sick leave unless one of the circumstances under article 39 of the Labour Contract Law occurs (such as when the employee materially breaches the employer’s rules and regulations). Even when the term of a fixed term contract expires when the employee is on sick leave, the employer must extend the term until the employee has used up his or her statutory entitlement. How can I prevent employees from abusing the non-work-related sick leave given that it is not difficult to obtain a medical certificate in China? Employers should put in place an appropriate staff policy to regulate non-work-related sick leave. Subject to the specific circumstances of each company such as culture or consistency, you should consider including the following in such policy: • To require the employee to submit medical certificates for every absence of, for example, half a day or more • To require the employee to be diagnosed by doctors in a designated hos
Related Questions
- How does SCEIS handle a situation where an employee separates from employment with a leave deficit due to advanced sick leave?
- May an employer request that an employee provide a doctors excuse or other explanation when the employee has used sick leave?
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