Answer: An employee must abide by the employer’s company rules during the employment relationship. If you are sick and unable to go to work, you should communicate with your employer in a timely manner and provide a medical leave certificate from the medical institution so that you may take leave and get sick leave treatments.
Violation of such rules, even if you are really sick and unable to go to work, is a violation of the company rules, or even if the company rules do not stipulate so, is also a violation of professional ethics. The employer has the right to impose disciplinary action on you or even dismiss you in accordance with the company rules or employment laws.
For example, in the case of Peng Weiming before Jiangsu Provincial High Court in 2021, the employee suffered from hemiplegia caused by sudden cerebral infarction during his security work, did not return to work for a long time during the cause of employment dispute case, and did not follow the sick leave procedure. Duhui Property Company terminated the employment relationship for serious violation of company rules. The court held that the termination was valid.1Peng Weiming and Nanjing Duhui Property Management Co., Ltd. Labor Dispute Appeal, Application for Civil Ruling Jiangsu Provincial People¡¯s High Court Civil Ruling (2021) No.1061. The employee suffered from hemiplegia caused by sudden cerebral infarction during security work, did not return to work for a long time during the labor dispute period, and did not follow a sick leave procedure. After that, Duhui Property Company terminated the employment relationship for serious violation of company rules. The court held that the termiantion was legal and effective.The case shows that employees should abide by company rules such as leave of absence even if they are ill due to work reasons.
Of course, in practice, if the employer makes unreasonable use of company rules and takes too harsh disciplinary measures against sick employees, it is also illegal. The employer should reasonably consider the employee’s illness, the possibility and ability of communication between the employee and the employer, give the employee a fair grace period, and take the initiative to contact and take care of the sick employee. As an employee, even if they are injured at work or suffers from occupational diseases, they should keep communicating with the employer and provide medical treatment or medical assessment information to the employer in time.
It should be noted that employees are not necessarily entitled to sick leave treatment even if they have a sick leave certificate from the hospital. Please refer to What should I do if an employee of my company has not recovered after the expiration of the medical care leave?
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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
- 1Peng Weiming and Nanjing Duhui Property Management Co., Ltd. Labor Dispute Appeal, Application for Civil Ruling Jiangsu Provincial People¡¯s High Court Civil Ruling (2021) No.1061. The employee suffered from hemiplegia caused by sudden cerebral infarction during security work, did not return to work for a long time during the labor dispute period, and did not follow a sick leave procedure. After that, Duhui Property Company terminated the employment relationship for serious violation of company rules. The court held that the termiantion was legal and effective.