【Haichuan Chemical Workplace】Will you be fired if you go on a trip while on sick leave?

A female office worker requested half a month of sick leave; the company questioned her, reminding her not to use it as an opportunity to travel. Tao Lin (a pseudonym) was born in 1982 and lives in Dongcheng District, Beijing. On January 9, 2017, Tao Lin started working at a company in Beijing as an administrative manager, with a monthly salary of 20,000 yuan. The contract stipulates that the company may terminate the employment contract at any time if the employee falls under one of the following circumstances: \"(1) The employee is found not to meet the employment requirements during the probation period\" ； (2) Employees who seriously violate the provisions of this contract, the Employee Handbook, company policies, and other corporate regulations ； (3) Employees who are grossly negligent in their duties, fail to fulfill their responsibilities properly, engage in fraud or corruption, and cause significant damage to the company’s interests…” On the same day, Tao Lin received a copy of the company’s Employee Handbook, which outlined the rules regarding violations of company discipline and the corresponding penalties. On July 9, 2019, Tao Lin submitted a request for sick leave to the company, stating that due to a fall, the doctor had advised her to stay in bed and rest completely; her ability to sit, lie down, or walk was affected, and she was unable to go to work regularly. She estimated that she would need two weeks of rest, and she provided the hospital’s outpatient records as well as a leave certificate. The medical records indicated a preliminary diagnosis of contusion of the sacrococcygeal region and pain in that area, while the leave certificate specified a month-long period of complete rest. The company’s staff replied on July 10, stating that Tao Lin had sought medical treatment on June 28, and nearly half a month had passed since then. They advised Tao Lin to go to a regular hospital for a follow-up appointment within this week, and said the company would arrange someone to accompany her to confirm the severity of her condition. The company also said there are reasons to doubt the authenticity of Tao Lin’s application for a injury leave. Tao Lin refused to comply with the company’s request for a follow-up examination. The company stated that it would grant Tao Lin two days of leave for now, while retaining the right to require her to go to a designated hospital for further checks. It also reminded Tao Lin not to use sick leave as an excuse to travel. Upon inquiry by the court, the company stated that although it requested Tao Lin to undergo a re-examination, she refused; however, since the sick note submitted by Tao Lin was genuine, the company approved her sick leave until July 26.

The company found out that she went to Africa, and as a result terminated her employment contract. On July 13, 2019, Tao Lin went to Tanzania and returned on July 26, 2019. The company submitted photos found on Taolin’s work computer, taken during her time in Tanzania, showing Taolin jumping, in order to prove that she traveled abroad while on sick leave and engaged in intense physical activities that were clearly inconsistent with being sick. Taolin acknowledged the authenticity of the photo, but said that the medical advice required her to keep exercising and not stay in bed for long periods; even if she performed certain movements, they were still within the limits prescribed by the doctors. On August 1, 2019, Tao Lin submitted the outpatient medical records and a leave certificate, which indicated contusions in the sacrococcygeal region and pain in that area, requiring a month’s complete rest. Tao Lin was on sick leave from August 1 to August 30, 2019. During that period, Tao Lin went to China on August 12 and returned on August 15. On September 2, 2019, the company sent a Notice of Immediate Termination of Labor Contract to Tao Lin, stating that the labor relationship between the company and Tao Lin was being terminated due to her serious violations of the company’s rules and regulations, labor discipline, or professional ethics. Taolin received it on that day.

Court: Going to Africa for medical treatment goes beyond what the general public is aware of. After leaving her job, Tao Lin filed an arbitration claim, requesting the company to pay her 150,000 yuan as compensation for the unlawful termination of her employment contract; however, the arbitration committee rejected this request. Taolin was not convinced and filed a lawsuit in court. During the trial, Tao Lin stated that she went to Tanzania because her husband knew of a non-profit medical institution there; she would go there for medical treatment as well as to relax and rest. However, Tao Lin did not provide any evidence showing that she received treatment at that medical institution in Tanzania ； The agent for Tao Lin said they were unclear about the reason for going to **. The court of first instance held that the employer and the employee shall fully fulfill their respective obligations in accordance with the provisions of the labor contract. In this case, Tao Lin’s leave was taken as sick leave. Although the employer has no right to dictate where an employee should take their leave, and employees can seek treatment at better medical facilities based on their own health conditions, their behavior during the leave period should be consistent with the reason for taking the leave. In this case, Tao Lin did not provide any evidence to prove that she went to Tanzania for medical treatment; in the absence of such evidence, her claims clearly exceed what is generally accepted, and therefore the court rejected them. Therefore, the company’s decision to terminate Tao Lin’s contract in accordance with the Employee Handbook on the grounds that she seriously violated the company’s rules and regulations is supported by factual and legal grounds, and the court did not grant Tao Lin’s litigation requests. Subsequently, Tao Lin appealed to the Beijing No. 2 Intermediate People’s Court. The court of second instance held that, in this case, according to the two hospital leave certificates provided by Tao Lin, her conditions were described as “contusions of the sacrococcygeal region and pain in that area,” with the medical advice being to take a complete rest of one month. This indicates that Tao Lin’s injuries were fairly severe. However, her actions of traveling to Tanzania and ** during her sick leave did not correspond to the condition indicated by her leave certificates, and she failed to provide any evidence showing that she went to Tanzania for treatment. The fact that she engaged in jumping activities while on vacation in Tanzania is even more inconsistent with her injuries. Based on common sense, the company has reason to doubt that Tao Lin’s sick leave is intended for rest or treatment. Therefore, the company’s decision to terminate Tao Lin’s contract in accordance with the Employee Handbook on the grounds that she seriously violated the company’s rules and regulations is supported by factual and legal grounds. The court of first instance was correct in rejecting Tao Lin’s request for the company to pay her compensation of 150,000 yuan for the unlawful termination of her employment relationship. In summary, Tao Lin’s appeal cannot be upheld; the court rejects the appeal and upholds the original judgment.

Netizen comment: How were the medical records for those two occasions issued? The company is well aware of the employees’ situation; it has warned them not to use sick leave for traveling, but they ignore these warnings. Can a company sue a doctor who submits fake medical records? Excuse me?

Issuing false medical certificates can result in a suspension of practice, and in severe cases, the license can even be revoked

Originally, it is only natural to have health issues that require treatment and time off for recovery. However, it makes sense that the company raised objections due to the conflict with work.

It would be simple if evidence of treatment during the sick leave period could be provided. But at least one shouldn’t blatantly give away evidence that is unfavorable to oneself to others first

If the condition is as described and it’s not that serious, suing the doctor will definitely result in a loss in court. Unless the illness is fictional

There’s another question: why, with such good jobs and incomes, do people still take sick leave to travel? Is annual leave really just a mere illusion for ordinary employees in companies?

Don’t be proud; the company really can’t do anything to her. Seeking death!