I m sick and ask for leave, but the company won t approve it, can I sue him?

Updated on society 2024-07-13
23 answers
  1. Anonymous users2024-02-12

    Of course, you can go to sue you, you should rest if you are sick, and it is not advisable to work with illness now. If you are sick and the company does not approve the leave, it is against the law. Violation of labor laws.

    You can go to the relevant departments to report, of course, you still have to communicate with the leader before you go, it is best not to go through legal procedures, because you work under others, and it is difficult to deal with it after a stiffen. You have to think about the cause and effect before you do it, if you can insist, you have to persevere, if you can't persevere, you have to ask for leave, if not, you have to sue him.

  2. Anonymous users2024-02-11

    If you are sick and ask for leave, but the company does not approve it, you can sue him. However, it is recommended to negotiate with the factory leader first, and if the negotiation fails, you can complain to the local labor arbitration committee, or apply for labor arbitration, and if necessary, you can sue.

  3. Anonymous users2024-02-10

    You can sue or apply for labor arbitration. During the existence of the labor relationship, the employee is entitled to medical treatment, and the employee's failure to approve the employee's sick leave is an infringement of the legitimate rights and interests of the employee, so he can apply for labor arbitration or file a labor lawsuit.

  4. Anonymous users2024-02-09

    I am sick, the leave company does not approve, this problem, you should not sue the company, verbal leave does not approve, because you do not have a sick leave note from the hospital, you should go to the hospital to see a doctor, the condition is serious and can not go to work, the doctor will naturally give you a sick note, you are sick and have a sick note, the leader will approve you to rest. Thank you for having me, Buddha, September 12, 2021.

  5. Anonymous users2024-02-08

    If you are sick and the fake note company does not approve it, then you can sue him, first of all, you must sue the leader who manages you, and report him to the leader who manages your leader, because this is arbitrary**.

  6. Anonymous users2024-02-07

    If you are sick, the company will not approve the leave. Can you sue her? In principle, yes. But consider. I also have to work in the company. In terms of human feelings. It would be better not to sue for a peaceful settlement.

  7. Anonymous users2024-02-06

    If you are sick and the company does not approve the leave, many times, the company will think that you have nothing and just don't want to go to work, you can take the sick note and negotiate with the company.

  8. Anonymous users2024-02-05

    This is not legal, and the sick leave unit should approve it, because he is sick and can no longer insist on working, so the unit that does not go to work is considered absenteeism.

    You can go to the labor department to apply for arbitration.

  9. Anonymous users2024-02-04

    If you ask for leave and the company does not approve the matters that belong to your company's regulations, you can sue him but it is not certain whether it will be accepted, this matter is not as serious as going to court, and it is generally coordinated at most.

  10. Anonymous users2024-02-03

    You can file a complaint with your local labor department. Employees take sick leave, although the employer has approved leave. However, if an employee is sick and has the right to leave, it is illegal for the employer not to approve the violation of the principle of legal fairness.

  11. Anonymous users2024-02-02

    If you go to the hospital for a check-up when you are sick, if the hospital gives you a sick note, the unit generally gives you sick leave. Unless there are special circumstances in the unit, you have nowhere to sue, and no one cares about it.

  12. Anonymous users2024-02-01

    It stands to reason that if there is a sick leave slip, the company should unconditionally agree, and if there is no sick leave slip, the company does not approve it, and it is not illegal.

  13. Anonymous users2024-01-31

    Absolutely! Go directly to the labor bureau and sue the company.

  14. Anonymous users2024-01-30

    I suggest that you make it clear to the company first, and after presenting evidence, it should be approved, and if it is not approved, then you can sue the company.

  15. Anonymous users2024-01-29

    Sick. You can take the sick leave slip from the hospital to ask for leave, and it should be approved.

  16. Anonymous users2024-01-28

    If you are sick and ask for sick leave, but the company does not approve it. This is unreasonable, and I think you should negotiate amicably with the company.

  17. Anonymous users2024-01-27

    Proof of your life proves that you need to rest, and if the company doesn't approve it, it's illegal.

  18. Anonymous users2024-01-26

    It depends on how sick you are, if you come and go lightly

  19. Anonymous users2024-01-25

    Legal Analysis: When it comes to sick leave, the labor law has strict and rigid provisions. First of all, employees who are sick or need to be injured due to non-work-related injuries are entitled to statutory sick leave, and the exercise of this right does not require the approval of the employer, and the employer's rules and regulations on the treatment of absenteeism if the employee's sick leave is not approved are therefore invalid.

    Of course, based on the employer's right to labor management and the right to know about the employee's attendance, the employee should complete the necessary sick leave procedures to inform the employer to arrange substitute personnel, and pay attention to keeping evidence such as medical certificates and outpatient records. In addition, in terms of the period of sick leave for employees, the Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Employees of Enterprises clearly provide the concept of medical treatment period, and the employer shall not terminate the labor contract during the statutory medical treatment period. The regulations grant employees a medical treatment period of 3 to 24 months based on the standard of social service and unit service.

    This means that during the existence of the employment relationship, even employees who have only worked for one day are entitled to a three-month medical period, and it is illegal for the employer to stipulate that employees should not take more than 10 days of sick leave in one month. In addition, the "Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China" gives the minimum treatment during the medical treatment period, that is, the sick leave salary or sickness relief paid by the enterprise to the employee during the medical treatment period shall not be less than 80% of the minimum wage, and the employer's provision that all wages will be deducted for sick leave for more than 3 months is also invalid due to illegality.

    Legal basis: Regulations on Paid Annual Leave for Employees

    Article 2 Employees of government organs, organizations, enterprises, public institutions, private non-enterprise units, individual industrial and commercial households with employees, and other units shall enjoy paid annual leave (hereinafter referred to as annual leave) if they have worked continuously for more than one year. The employer shall ensure that the employee is entitled to annual leave. Employees are entitled to the same salary during the annual leave period as they would during normal work.

    Article 3 Employees who have worked for 1 year but less than 10 years shall take 5 days of annual leave; 10 days of annual leave for those who have completed 10 years but are less than 20 years; Those who have completed 20 years of leave will take 15 days of annual leave. National statutory holidays and rest days are not included in the annual leave.

  20. Anonymous users2024-01-24

    Legal Analysis: You can file a complaint with your local labor department. Employees take sick leave, although the employer has approved leave.

    However, if an employee is sick and has the right to leave, if the employee submits the sick leave slip, medical records and medical invoices from the medical institution designated by the employer, the employer does not approve the violation of the principle of legal fairness, which is an illegal act, and if this situation does occur, the employee can file a complaint with the local labor department.

    Legal basis: Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Employees of Enterprises Article 3 When an employee of an enterprise needs to stop working for medical treatment due to illness or non-work-related injury, he or she shall be based on his actual working years and in his or her employer. Years of service, medical treatment period from three months to twenty-four months:

    1) Where the actual working experience is less than 10 years, three months for those who have worked in the unit for less than 5 years; Six months for more than five years. (2) Where the actual working years are more than 10 years, the working years are less than 5 years in the unit, and 6 months are those who have worked in the unit for less than 5 years; 9 months for those between five and ten years; 12 months for between 10 and 15 years; 18 months for between 15 and 20 years; 24 months for more than 20 years.

  21. Anonymous users2024-01-23

    First of all, whether the leader approves the leave cannot be generalized. If there is no legitimate reason, or there is a legitimate reason, the work arrangement can not be done, such as the original shortage of manpower, the leader does not approve the leave, it is also reasonable and legal, but such non-approval is limited to personal leave, if it is a special situation such as illness or bereavement leave, the leader does not approve, it is illegal and unreasonable. If an employee is sick and the leader still refuses to approve sick leave, it is a violation of human rights law, a violation of labor law, and an infringement of the legitimate rights and interests of employees.

    In such a situation, the employee can go to the doctor first, and then use the hospital's medical records, doctor's diagnosis and test report and other materials to the company to give a sick leave consent form. If the leader still does not approve the tour, go to the boss of the company, and if the boss still does not agree to deal with the sick leave (the sick leave company must pay sick pay according to the law), go to the ** department to complain. **The department will protect your legitimate rights and interests in accordance with the law.

    As for resignation, according to the labor law, both the employee and the employer can terminate the employment contract at any time during the probationary period. Even if an employee resigns voluntarily during the probationary period, the company must pay wages in accordance with the law. If the company does not pay wages, you can also go to the ** department to complain and ask the ** department to protect the legitimate rights and interests of the workers in accordance with the law.

    It is the right of the employee to ask for leave, but it is the right of the employer to approve the leave. The employer can decide whether to approve the employee's leave application according to the actual situation. The law allows you to take personal leave, but you have to deduct the corresponding salary.

    If the company asks you to leave your job because of this, you can ask the labor union for help to resolve the dispute or apply to the local labor arbitration commission for labor dispute arbitration.

    Article 41 Due to the needs of production and operation, an employer may, after consultation with the trade union and the workers, extend the working hours, which shall generally not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed 3 hours per day but shall not exceed 36 hours per month under the condition of ensuring the health of the worker.

    Article 43 An employer shall not extend the working hours of a worker in violation of the provisions of this Law.

  22. Anonymous users2024-01-22

    If the company does not approve your sick leave application, you can request a corresponding medical certificate Zheng Zaoyuan, or call to your superiors to submit a letter to the upper class, indicating that you are indeed unable to come to work because you are sick, and expect your superiors to reconsider and grant you sick leave.

  23. Anonymous users2024-01-21

    How to deal with the sick leave company's non-approval: you can go to the relevant departments to complain and report. After the employee has issued a diagnosis certificate from a medical institution to the employer, he or she may enjoy the right to rest and leave in accordance with the law.

    The employer shall grant the employee a reasonable period of medical treatment if the application procedures and procedures meet the requirements.

    Article 3 of the Labor Law of the People's Republic of China Workers enjoy the right to equal employment and choice of occupation, the right to receive remuneration for labor, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights provided by law. Article 4 of the Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Employees of Enterprises is Pure and Fixed: If the medical treatment period is three months, the cumulative sick leave time within six months shall be calculated; 6 months is calculated as the cumulative sick leave time within 12 months; Nine months shall be calculated as the accumulated sick leave time within 15 months; 12 months shall be calculated as the accumulated sick leave time within 18 months; 18 months shall be calculated based on the accumulated sick leave time within 24 months; 24 months shall be calculated based on the accumulated sick leave time within 30 months.

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