What should I do if a female employee often asks for leave during pregnancy

According to Article 6 of the Special Provisions on the Labor Protection of Female Employees, employers are not allowed to extend working hours or arrange night shifts for female employees who are more than 7 months pregnant, and shall arrange a certain amount of rest time during working hours. Pregnant female employees undergo prenatal check-ups during working hours, and the time required is included in the working hours.

Recommendation 1: Under the premise of not violating the special protection of female employees in laws and regulations, the employer may reject the employee's request for leave if the employee's job position does not allow the employee to stop working at will. If he insists on inviting or absenteeism without authorization and does not come to work, once he meets the requirements of serious violation of the company's rules and regulations. The employer may still terminate the employment contract in advance in accordance with Article 39 of the Labor Contract Law.

Suggestion 2: Based on the lawyer's years of experience in handling human resources legal practice, if a female employee is more than 7 months pregnant, is indeed unable to continue working, and needs to take a break from the fetus, the employer may also require the employee to provide a certificate issued by the hospital in line with the humanistic care for the employee.

Lawyer's tip: 1. In some cases where local regulations stipulate that leave must be granted for pregnancy for more than 7 months, the employer should approve the leave, and the local labor or social security administrative department can be consulted for specific circumstances. The period of prenatal leave shall end on the date of 15 days of prenatal leave and shall be included in the period of medical treatment.

2. However, the employer should pay attention to whether the employee can perform his or her job duties normally if the employee continues to be required to continue to work under such circumstances. Will there be passive slacking? Does it still provide valuable labor for the company?

If it is true that he is unwell, the trouble may be even greater in case of accidents during the work process.

According to the company system, the batch will be approved, and the batch should not be approved.

Legal Analysis: If frequent leave during pregnancy seriously violates the company's rules and regulations, the employer may terminate the labor contract; If a female employee is unable to continue working after being pregnant for more than 7 months, the employer may handle the treatment in accordance with the provisions of the illness treatment implemented by the employer, and only pay sick leave pay.

Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China The employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

In addition to the normal pregnancy test, if a pregnant female employee needs to take leave to recuperate, she must still go through the formalities according to the normal process of applying for leave from a higher level, otherwise it may constitute a serious violation of the rules and regulations of the employer as stipulated in the labor law. In this case, the employer has reasons to terminate the employment relationship, and is not required to pay severance for the termination of the employment contract. Pregnant female employees are required to take leave as follows:

1. To apply for sick leave, you need to submit a diagnosis certificate or leave certificate issued by the hospital.

2. Personal leave needs to be approved by the unit, otherwise it may constitute absenteeism.

3. Maternity leave, pregnancy of more than 7 months, such as work permit, upon application by the person, the approval of the unit, can apply for prenatal leave. After giving birth, if a female employee has difficulties and a work permit, she can apply for breastfeeding leave with the approval of the employer.

1. How long does it take for a pregnant woman to take personal leave?

If you take a longer period of personal leave, you should need to negotiate. Regarding the number of days of personal leave, the law does not clearly stipulate that the rules and regulations formulated by the company are used for Sun Dig management, and if the company's rules and regulations are not limited, you can ask for as long as you want. However, according to the number of years of service in the company, if the leave exceeds a certain time, the annual leave of the current year is not entitled.

1. Fetal leave, wages are paid according to sick leave, and fetal leave is certified by doctors, so wages are paid according to sick leave treatment 2. Prenatal leave, wages are paid according to eighty. If you are pregnant for more than 7 months, if you have a work permit, you can take two and a half months of prenatal leave upon application and approval by your employer. Some of the cases that must be given leave according to local laws and regulations, the unit shall approve the leave, and the salary shall be paid according to eighty percent of the employee's previous monthly actual salary standard 3, maternity leave, and maternity allowance.

In areas where the social pooling of maternity insurance is implemented, the payment standard shall be paid according to the standard of the average monthly wage of the employees of the enterprise in the previous year; In areas where there is no social pooling of maternity insurance, the maternity allowance shall be paid by the enterprise or unit, and the standard shall be the basic salary and price subsidy for female employees before giving birth.

2. How to calculate the wages of employees during pregnancy.

The calculation method of the employee's leave pay during pregnancy is calculated by the relevant production wage, because in this case, it is still necessary to pay the specific salary, and the relevant leave procedures should be performed under normal circumstances, if the length of service is less than two years, it is according to the proportion of 60% of the employee's salary to pay a leave salary. The existing labour laws and regulations strictly stipulate that female employees are entitled to maternity leave. In addition, in Shanghai, there are more detailed and specific regulations on maternity leave for female employees.

It mainly includes: 1) Prenatal examination: Prenatal examination (including the initial examination within 12 weeks of pregnancy) conducted by female employees during pregnancy within the working hours agreed by medical and health care institutions shall be counted as working hours.

2) Prenatal leave: If the pregnancy is more than seven months, one hour of rest per day should be given. If you have a work permit, you can take two and a half months of prenatal leave upon application and approval by your employer.