How to deal with employees taking time off to travel?

Sick leave refers to the period when a worker stops working for treatment and rest with the approval of the enterprise due to illness or non-work-related injury. During the performance of the labor contract with the employer, if the employee needs to rest due to illness, the diagnosis certificate and vacation certificate issued by the medical institution shall prevail. Because whether employees are sick, the severity of the disease, and whether it is necessary to stop work for rest and treatment, it must be judged by qualified professionals. Therefore, as long as employees provide sick leave certificates or hospitalization certificates issued by hospitals, companies generally give them leave.

Enterprises give employees sick leave and pay sick leave wages to ensure that employees rest during sick leave and recover as soon as possible in order to work normally. If employees give up rest and travel during sick leave, it is obviously not in line with the original intention of taking sick leave, unless employees can prove that their illness allows them to travel, and traveling abroad can help them recover. Otherwise, the employer can treat it as absenteeism.

Shanghai Higher People's Court

Opinions on Some Problems in Application

Hugaofa [2009] No.73

Eleven, the employer requires the laborer to bear the contract responsibility.

The performance of a labor contract shall follow the principles of legality, honesty and credibility. In addition to the constraints of rules and regulations, there are actually many contractual obligations and contractual obligations between the parties to a labor contract to be undertaken according to the principle of good faith. For example, the second paragraph of Article 3 of the Labor Law stipulates that "workers should abide by labor discipline and professional ethics", which is the legal basis for similar obligations. Therefore, in the case that the rules and regulations are invalid, if the employer violates the contractual obligations that it must respect and abide by, it may require the workers to bear corresponding responsibilities. If the laborer raises a defense on the grounds that the rules and regulations of the employer are not stipulated, it will not be supported. However, when regulating this kind of behavior, we should only review the major situations that affect labor relations, so as not to interfere too much with the employer's right to operate independently.