Answer: An employee who falls ill and cannot go to work should endeavour to apply for sick leave, because this causes certain degree of inconvenience and disruption to the employer¡¯s business operation, although absence due to sickness is understandable. Leave due to illness shall be handled in accordance with the company rules, employment contract agreements, and professional ethics.
Generally speaking, you should inform the employer of your illness by telephone, text message, or email as soon as possible, notifying the time when you can’t go to work, requesting the number of days of sick leave, and providing hospital certificates such as sick leave forms. If the employee cannot notify the employer immediately due to illness, notification should be conducted as soon as possible when the condition is alleviated.
If you have the ability to notify the employer but delay or even do not notify the employer, the employee may have violated the company rules and even may lose the right to sick pay. For example, in the case of Yuan Hongye before the Second Intermediate People’s Court of Beijing, the employee did not ask for leave from the employer after he was injured; The court held that the employee’s notification to the employer was after the company terminated the employment relationship, so the claim for sick leave wage was not upheld.1Yuan Hongye and Diahs (Beijing) Multimedia Co., Ltd., in the case of labor dispute appeal, Beijing Second Intermediate People’s Court Civil Judgment (2015) No.2 06925. ¡°Because Yuan Hongye did not ask for leave in time and provide corresponding proof for the situation that he needed to take sick leave again because of his fall, and the time when he mailed the diagnosis certificate and the special certificate for sick leave to Dijes Company was also after Dijes Company made the decision to terminate the employment contract, therefore, it is not improper for the court of the first instance to reject Yuan Hongye claim of the sick leave pay from April 1, 2014 to April 11, 2014 and the wages from April 29, 2014 to May 14, 2014.¡±
Of course, the employer should not be too harsh when the employee is really sick, treat the employee’s delayed leave leniently, respect the opinions of medical institutions, approve the employee’s sick leave in time, and provide the employee with sick leave entitlements.
China¡¯s sick leave application practice reflects strict cultural work discipline either in Asia or in China itself. Sick leave application is normally a necessary procedure. This is distinct from the lenient work culture in western country such as New Zealand in which only a notice of ¡°feeling unwell” is required for a couple of days’ sick leave.
This article is a part of our new book“Employment Law in China: A Practical Guide. A book about “What should I do” with case laws.”Stay tuned, and the book will soon be published as an electronic books!
Mr. Dong Wang has been in practice for over 20 years, specializing in business law, including employment law, commercial law, company law, and intellectual property law. Mr. Wang has earned respect and trust from his clients due to his professionalism, fidielty, and kindness.
Email: wangdong@royalaw.com
- 1Yuan Hongye and Diahs (Beijing) Multimedia Co., Ltd., in the case of labor dispute appeal, Beijing Second Intermediate People’s Court Civil Judgment (2015) No.2 06925. ¡°Because Yuan Hongye did not ask for leave in time and provide corresponding proof for the situation that he needed to take sick leave again because of his fall, and the time when he mailed the diagnosis certificate and the special certificate for sick leave to Dijes Company was also after Dijes Company made the decision to terminate the employment contract, therefore, it is not improper for the court of the first instance to reject Yuan Hongye claim of the sick leave pay from April 1, 2014 to April 11, 2014 and the wages from April 29, 2014 to May 14, 2014.¡±