No payout for woman sacked over baby leave
Print Edition
A WOMAN who was sacked for feigning illness so she could travel to the United States to have a baby has failed in her bid to sue her former employer for unfair dismissal.
The Pudong New Area People’s Court ruled yesterday that the plaintiff, surnamed Sun, had breached the terms of her employment contract and that her dismissal was fair.
Sun, 31, had worked for the company — an unnamed local bank — for seven years, when in July 2013 she discovered she was pregnant.
She decided she wanted to have her baby in the US but under the terms of her employment contract was not entitled to maternity leave.
Despite that fact, Sun argued in court that she was told by a member of the company’s human resources department that she could instead apply for sick leave to cover the time she needed to travel overseas and have her baby.
This she did and between July 2013 and January 2014 submitted 12 applications for sick leave to cover her extended absence.
In March last year, Sun tried to return to work but was told she had been dismissed on the grounds of prolonged absenteeism and dishonesty. She responded by filing a lawsuit.
The Pudong court ruled yesterday that while China’s labor contract law makes it illegal for companies to fire workers for being pregnant, Sun had breached the terms of her contract and acted dishonestly.
She was not, therefore, entitled to any financial compensation.
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