I work in a private company, and the company has about 1,000 people, and female workers account for more.At present, the country has a second -child policy, and more female employees who have the second child are also increased. Now the level of living is good, and people are also coquettish. Some female employees want to take leave when they are pregnant.Headache.Recently, our company has a female employee who has just been pregnant for two months to ask for a long vacation. It is estimated that if she agrees that she will take the sick leave until her maternity leave is the shortest, it will take about one year.The cost of paying insurance.If the maternity leave in the end, she will send another resignation list, so that the internal consumption is too heavy, and everyone else will imitate it.
For the third phase of female workers, I think it is a big problem facing the company now. It is very sensitive to the treatment of the third phase of female workers as an enterprise. Whether it is the third -phase female worker or other employee companies, it is a carrot and one pit.Period female workers have not come to work for a long time, and no one can take over and replace the post, so such employees bring me a lot of trouble: recruit another newcomer, worry that the newcomer has no job arrangement when she returns.Can’t be carried out. Both as a boss or HR want to open her, but given that she is in three issues, these tough methods cannot be used.I can understand her feelings, but the company also has the difficulties of the company.
Now, how can buildings be dealt with to ensure the interests of the company, not harm the interests of employees, and try to avoid risks?
For female employees who have been taking sick leave after pregnancy, it is indeed tricky to deal with it. I think it can be considered like this:
1. View relevant regulations.
There are two provisions for female employees’ pregnancy and physical discomfort to recuperate and ask for sick leave.(1) Regulations of the Ministry of Labor.Article 3 of the Ministry of Labor’s "Provisions on the Discipline of Enterprise Employees or Non -injury Medical Period" Article 3 Enterprise employees need to stop working for medical care due to illness or injuries.The medical period of three months to 24 months is given: (1) If the actual working life is less than ten years, the working life of the unit is less than five years for three months; it is more than five years for six months.(2) If the actual working life is more than ten years, it is six months for the working years of less than five years; the nine months of more than five years or less than ten years;; Eighteen months of more than fifteen years or less; for twenty -four months.
(2) Regarding the General Administration of Labor.Article 1 in Article 1, "The Treatment of Time to Breeding for Female Employees’ Tire Resting and Specialty" in the Insurance and Welfare Department of the State General Administration of Labor Administration, "The time for the rest of the fetus should be handled in accordance with the provisions of the disease treatment implemented by the unit. "
(3) Take Linyi City, Shandong Province as an example of Linyi City.Check out the provisions of the relevant employee leaves in Shandong Province. During the suspension of work during medical treatment during the medical period, the monthly leave salary received must not be lower than the minimum wage standard of the local minimum wage standard.(4) Contract agreement.This requires checking the agreement on sick leave in the labor contract signed between the pregnant female employee and the company. If there is an agreement, it needs to be executed in accordance with the agreement. If not, it can be implemented in accordance with the regulations of Henan Province.
2. Legal analysis.
It can be seen that as long as there is a material for applying for sick leave, that is, a diagnosis certificate or sick leave bill issued by a qualified hospital, if the pregnant female employee needs to rest due to the need to protect the fetus, it should be treated according to the sick leave.The legal medical period refers to the time limit for workers to stop working and cure disease due to illness or non -due injuries, and employers shall not terminate the time limit for labor contracts in accordance with Article 40 and 41 of the Labor Contract Law.If the legal medical period still needs to be restless, the employer may require workers to perform labor ability appraisal, and to terminate the labor contract with the workers in accordance with regulations.Since the colleagues of the Ministry of Commerce are in the "three phases", even if the legal medical period expires, as long as she holds a diagnostic certificate or sick leave list that meets the requirements, she can still ask for sick leave and enjoy the sick leave salary in accordance with the law.
3. Take into account the interests of both parties and avoid risks.
This can be said to be a dilemma. I think that this should be handled as relatively harmonious and the cost should be low.
(1) Immediately find employees to share their work.Since the sick leave has been invited, the work it takes must be carried out normally, but I think that it is not advisable to recruit newcomers. One is the increase in labor costs, and the other is that postpartum arrangements may be available to work.Therefore, it is better to find a few colleagues to share their jobs for the time being, and even give some rewards for these colleagues appropriately. After all, it is only a few months.of.
(2) Treatment agreed with colleagues with pregnant colleagues.In accordance with the relevant provisions of the labor contract, it can be paid in accordance with the agreed between the two parties or 80%of the local minimum wage standard during the sick leave. The time of the hospital is subject to the hospital’s certificate, and the company can not check the false.By the way, there will be no doubts to comfort his body and recuperation.(3) Please ask the boss’s approval in time.If the arrangement is properly arranged, you can ask the boss to explain the benefits of this treatment. At the same time, it does not increase the burden on the company, and it will not cause legal risks. On the contrary, the image of the boss "benevolent" can also be shaped among employees.Feeling enhancement is helpful.In this regard, the boss will agree.
Of course, some bosses blindly consider "low -cost and high profits", try to reduce the social responsibility they should bear, forcibly ask the human resources department to talk to pregnant employees, use threats, persuasion, and small shoes, etc., so that the timid employees will feel moodAffected, the emotional emotional emotions were excited.The overall quality of the next generation of the motherland is large. If similar illegal acts are more common, the future of the motherland can be imagined. Therefore, for companies or bosses who do not seriously fulfill their social responsibilities.It’s a big break.
(Author: Garden House)