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Child Hospitalized, Parent Fired for Taking Leave: Awarded 220,000 RMB

Zhen Ting Wed, May 01 2024 07:51 PM EST

On May 1st, it was reported by multiple domestic media outlets that when Chen's child fell ill, Chen applied for parental leave at the company but was denied. Even when requesting personal leave, the request was rejected. The company then terminated Chen's employment contract citing three days of unauthorized absence.

Subsequently, Chen filed a lawsuit, and the court ruled that the unilateral termination of the labor contract by the technology company lacked proper justification. As a result, they were ordered to pay compensation of 228,610.76 yuan.

Lawyers pointed out that in judicial practice, some employers unreasonably reject employees' requests for paternity and childcare leave, deduct labor remuneration during such leave, link leave to promotions, performance, and year-end bonuses, or even consider leave as absenteeism. All these actions are considered illegal.

Paternity and childcare leave are rights that working parents should enjoy. During such leave, employees are considered to be working normally, and their benefits should be paid by the employer as if they were present at work.

Employers who unreasonably deny leave and terminate employees on grounds of absenteeism are illegally severing labor relations and are liable to pay compensation for the illegal termination of the labor contract. s_45ad243db1b64359b96acde2ec79136a.jpg