Female employees are expelled from the lawsuit company for 80 days’ leave when they are pregnant and have children

It is legal rights and interests for female employees to take maternity leave. However, in Guangdong Electric Company, a female employee is pregnant and has children, and she has 80 days off, but she is expelled from the company for absenteeism. Both parties have a court.

It is reported that Zhong Mou entered into an electrical company on December 17th, 2012, and both parties signed a written labor contract, and the company paid Zhong his salary until April 2019. On May 8, 2019, Zhong gave birth to a boy and took maternity leave from May 5 to August 10 of that year. However, on August 20, the company issued a notice of termination of labor contract to Zhong Mou for six consecutive days of absenteeism, which lifted the labor relations between the two parties.

Female employees are expelled from the lawsuit company for 80 days' leave when they are pregnant and have children

After investigation, Zhong applied for the reward leave to the personnel manager of the company on August 1st, 2019. There was a dispute between the two parties. Later, Zhong requested the company to pay the compensation for maternity leave, reward leave, lactation salary loss, illegal termination of labor relations, and was supported by arbitration.

Female employees are expelled from the lawsuit company for 80 days' leave when they are pregnant and have children

The electric company is not satisfied and sued to the court.

Female employees are expelled from the lawsuit company for 80 days' leave when they are pregnant and have children

According to the measures for the implementation of the special provisions on labor protection of female workers in Guangdong Province and the regulations on population and family planning of Guangdong Province, if the birth of female workers in Guangdong Province conforms to laws and regulations and family planning policies, they shall enjoy 80 days of bonus leave in addition to 98 days of maternity leave.

After hearing, the court held that Zhong had legal birth, and had applied for the reward leave in advance from August 11 to October 29, 2019, and had applied for the reward leave in advance. Therefore, the company has terminated the labor relations between both parties for 6 consecutive days from August 12 to August 20, 2019, which is illegal termination, and compensation for illegal termination of labor contract shall be paid according to law.

In addition, if the female employees’ three-stage treatment loss is caused by the employer, the employer shall pay the maternity leave salary, reward leave wage and part of the lactation salary that the female employees can obtain according to law under the normal labor relations.

Therefore, the court ruled that the electric company paid Zhong a compensation for maternity leave, reward leave, lactation leave salary loss and illegal termination of labor relations.

The court reminded that maternity leave includes statutory maternity leave and local reward leave, among which the reward maternity leave is the preferential policy of local government for couples who have children in accordance with laws and regulations. Pay according to the provisions of the holidays, which does not affect welfare treatment and full-time evaluation award.