On March, 2065438, Xiao Fang was found to be pregnant for 6 weeks. In mid-June, she asked for leave from the competent leader via WeChat 1 day to go to the hospital for a checkup. The competent leader replied that she needed to go through the leave formalities according to the procedures stipulated by the company. Xiao Fang was unable to come to work after 1 days due to physical discomfort, and failed to keep the relevant documents of his medical examination in the hospital during his absence. Later, the company dismissed Xiao Fang for failing to perform the leave formalities for no reason. Although Xiao Fang claimed that she had a normal prenatal examination according to the requirements of the hospital and was not absent from work for no reason, she did not keep the relevant medical documents in her hand.
During the lawsuit, Xiaofang asked the court to go to the hospital to get the birth inspection records. After investigation, Xiao Fang did not arrive at his post on time due to the birth inspection. The court finally found that the company had lifted the law and supported Xiao Fang's claim to continue to perform the labor contract.
The judge's explanation:
According to Article 6 of the Special Provisions on Labor Protection for Female Employees, if pregnant female employees need to undergo prenatal examination during working hours, the time required shall be included in working hours. Prenatal check-up is the legal right of pregnant female employees, and the employer shall not deduct the salary of pregnant female employees for prenatal check-up, let alone use it as the basis for determining absenteeism. In order to avoid disputes, it is suggested that pregnant female employees take leave in advance according to the regulations of the unit, and if necessary, report the reasons for the extension as soon as possible. In addition to the internal leave formalities, pregnant female employees should also keep relevant medical documents for future reference to safeguard their legitimate rights and interests.
Second, the maternity leave period needs to be clear, and returning to work in advance can be refused.
Xiao Si is an administrative clerk in a company. Maternity leave began on May 6, 2020. On May 15, Xiao Si successfully gave birth to twins in the Maternal and Child Hospital. On September/KOOC-0/day of the same year, due to the sharp increase in the company's business volume, the HR department of Xiao Si's company informed Xiao Si to resume work on September/KOOC-0/4 after inquiring about Xiao Si's physical recovery. Xiao Si informed the company that the number of twins could be increased 14. The next day, Xiao Si received a notice from the company that Xiao Si should report to the company on September 14. Communication with the company failed again, and Xiao Si insisted that she didn't arrive at the post as required by the company after maternity leave. Later, the company fired Xiao Si on the grounds that Xiao Si disobeyed the arrangement of the company and was absent from work. In order to protect his legitimate rights and interests, Xiao Si appealed to the court, demanding that the company pay compensation for the illegal termination of the labor contract.
After hearing the case, the court held that Xiao Si could add 15 days' holiday to the statutory maternity leave. Xiao Si's arrival time requested by the company is still during maternity leave, and Xiao Si has reason to refuse. Finally, the court found that the company's termination of the labor contract was illegal, and it was necessary to pay Xiao Si compensation for the illegal termination of labor relations.
The judge's explanation:
According to Article 7 of the Special Provisions on Labor Protection for Female Employees, female employees enjoy 98 days of maternity leave, including 15 days before delivery; In case of dystocia, maternity leave shall be increased 15 days; For multiple births, the maternity leave will be increased by 1 5 days for each additional child. According to the Regulations of Beijing Municipality on Population and Family Planning, female workers in Beijing enjoy maternity leave for 30 days in addition to the maternity leave stipulated by the state. According to the above regulations, all female workers in Beijing can enjoy 128 days maternity leave if they give birth normally. If there is dystocia including caesarean section and multiple births, the number of holiday days can be increased according to the specific situation. In case of taking maternity leave before delivery, the employing unit shall not force the female employees who take maternity leave during pregnancy to terminate their leave and return to work in advance, and shall not make decisions such as adjusting their posts and reducing their remuneration because the female employees refuse to return to work in advance.
Three, breastfeeding late or leave early, the wage gap will make up for itself.
Xiao Lu is a novice mother. After returning to work after maternity leave, she became a nursing family. Because she is far from home, Lu Xiao chooses to be late 1 hour or leave early 1 hour every day, and has explained the arrangement of breastfeeding time 1 hour to the competent leader for the record. Later, because the company deducted Lu Xiao's full-time salary, there was a dispute between the two parties, and the court finally supported Lu Xiao's lawsuit requesting the unit to pay the full-time bonus and pay the wage difference.
The judge's explanation:
Female employees who breast-feed babies under/kloc-0 can enjoy breast-feeding leave. According to Article 9 of the Special Provisions on Labor Protection of Female Employees, the employer shall arrange 1 hour breastfeeding time within the daily working hours of female employees; If a female worker gives birth to multiple births, the breastfeeding time will increase by 1 hour every day for each additional birth 1 baby. After the end of maternity leave and breast-feeding leave, the employer shall still arrange 1 hour of breast-feeding time for breast-feeding female employees within daily working hours, allowing breast-feeding female employees to choose to use breast-feeding time in a centralized way, and their wages and benefits shall not be reduced accordingly. It should also be pointed out that employers are not allowed to extend working hours or arrange night shifts except for breastfeeding leave.
The judge warned:
The employer can't count prenatal check-up, maternity leave and breastfeeding leave as sick leave, personal leave, absence or absenteeism, but should count the above period as working time and pay the labor remuneration normally according to the labor contract. Distinguish the negotiable scope of the "three phases" (pregnancy, childbirth and lactation) and the mandatory contents of laws and regulations, arrange the work of the "three phases" female employees according to law, and ensure that the "three phases" female employees receive labor remuneration and equal employment. Working mothers should follow the basic principle of honesty and trustworthiness while enjoying the legitimate rights and interests of the "third phase" according to law, and communicate the "third phase" problem with the employer in time, which will be solved by both parties through consultation to avoid unnecessary disputes.