Case] Xiaomei joined Huasheng Company in August 2021, engaged in quality inspector work, signed a written labor contract with the company, and the unit paid social security for Xiaomei normally. I work eight hours a day, five days a week, and two days off on weekends. In December 2023, Xiaomei will be pregnant again, because Xiaomei has had two fetal arrest experiences, and after the third pregnancy, the whole family is very cautious and takes care of Xiaomei, Xiaomei's husband even persuaded Xiaomei to resign and protect the fetus at home. Xiaomei plans to apply to the employer for leave without pay, hoping to get the approval of the unit.
Female employees who want to apply for leave without pay under special circumstances, such as pregnancy, need to consider the following factors:
1. Leave without pay policy: Leave without pay is a special system in the historical period. At that time, it was stipulated that employees who requested leave without pay should submit a written application, sign an agreement on leave without pay after approval by the unit, and report it to the competent department of the enterprise and the local labor and personnel department for the record. The maximum period of leave without pay is two years, and if the employee does not apply to return to work in the original unit during the period of leave without pay, or requests to resign, it can be handled as a resignation with the consent of the administrative leader of the unit.
2. Labor Law provisions: Provisions of the Labor Contract Law on the protection of pregnant and lactating female employees. An employer may not terminate a labor contract due to a female employee's pregnancy. If the employer terminates the labor contract in violation of the law, it shall pay economic compensation.
3. Social insurance issues: The bearing of social insurance expenses during the period of leave without pay is usually determined by both parties through negotiation. However, the plaintiff did not provide evidence to prove that it had paid social insurance premiums to the employer, so the employer may not be required to pay social insurance premiums for it.
4. Rescission and termination of the labor contract: When the employee is reassigned, the employee shall notify the employer to terminate the labor contract and explain the reasons. If the notification procedure is not fulfilled, the request for the employer to pay severance after the fact will not be supported.
The question of whether a female employee can apply for leave without pay after pregnancy needs to be analyzed on a case-by-case basis. If the employee qualifies for leave without pay and has been approved by the employer, then she can apply for leave without pay. However, if she leaves her job without approval, she may be considered to have left her job voluntarily. At the same time, if the employer does not agree to leave her job without pay, she still has the right to demand the protection of her labor rights and interests in accordance with the law, including through negotiation with the employer, seeking labor arbitration or legal proceedings. As the specifics of each case are different, it is recommended:
Consult a professional for more accurate legal advice and assistance.