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May 24, 2013

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Woman loses job for sick leave violation

A WOMAN who asked for sick leave while pregnant and went on a trip lost her job as Jing'an District People's Court yesterday ruled she violated the company's terms of employment.

The court heard Xu Ying, who works for a freight company that was not named, asked for sick leave from August 22 to August 29.

The company fired Xu on September 10, saying she had taken a trip to Lijiang City in Yunnan Province and Chengdu City in Sichuan Province during the so-called sick leave, the court heard.

Xu argued she went on a business trip with her husband as there was no one to take care of her if she stayed home. Xu also told the court she had stayed in the hotel during the trip.

On October 17, Xu applied for labor arbitration, which ruled her contract was valid. The company then filed a lawsuit to terminate the contract and refused to pay her salary and sick pay after August 31.

The company's lawyer told the court Xu bought the plane tickets on July 6, more than one month before her trip, meaning she had intended to take a holiday all along. Xu was unable to prove she went on a business trip with her husband.

The court said Xu's sick leave request stated she needed rest because she was too weak to work. The trip showed she was not too weak to work, according to the court.

"Most of the time, pregnant women are protected in these cases. But it doesn't mean they have more privileges," said Li Hongguan, a judge with the court. "In Xu's case, she violated her company's rules and took a holiday under false pretenses."

The court ruled the labor contract was terminated on October 10 and ordered the company to give Xu back pay totaling nearly 5,000 yuan (US$815).


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