What do you think of Jiangsu women who flew to the United States to give birth before the epidemic and returned to work after maternity leave and were fired and sued in court?

Xiaomei recently experienced a joy and a sadness. Happily, she has a son, who was born in America as she wished. Sadly, I was fired from the company and lost my financial resources. Women in the third stage (pregnancy, childbirth and breastfeeding) are protected by law. Why did Xiaomei, who just became a mother, lose her job?

Based on this case, Xiaomei entered a company after graduation, engaged in administrative work, and then fell in love, got married, got pregnant and lived in harmony. On 20 19 12, Xiaomei, who was pregnant for 35 weeks, flew to the United States to give birth.

Xiaomei's mother went to a hospital four times, registered in Xiaomei's name, and asked the doctor to issue a "medical proposal". Xiaomei forwarded the above four medical proposals to the company for sick leave through her colleagues. During this period, she did not inform the company about the process of obtaining medical advice or going to the United States for labor. Affected by the epidemic situation in COVID-19, all units responded to the epidemic prevention requirements and investigated and reported the personnel flow, but Xiaomei still didn't tell the unit about going to the United States to have a baby. In February of the same year, Xiaomei told her colleagues that "the child was born in the United States". Soon after, Xiaomei returned to China. At the beginning of July, Xiaomei officially went to work after maternity leave.

After learning the inside story, the company believes that Xiaomei submitted the sick leave certificate of a domestic hospital during the labor period in the United States, which seriously violated the company's rules and regulations, and repeatedly reported false information to conceal the fact of going to the United States during the epidemic prevention punching. In August, the company terminated the labor contract with Xiaomei.

Xiaomei didn't want to be fired, so she filed an arbitration and asked the company to pay compensation for the illegal termination of the labor contract. Neither arbitration nor the court of first instance supported Xiaomei's request. Xiaomei appealed that she thought it was her freedom to go to the United States for medical treatment and did not need to inform the company; Secondly, the diagnosis certificate is issued by a doctor. The law does not stipulate that the patient must go to a medical institution in person on the day when the diagnosis certificate is issued, and there is no case where the family members are not allowed to issue the diagnosis certificate on their behalf, so there is no so-called entrusted medical treatment; Third, I didn't know about the domestic epidemic during my stay in the United States, and I didn't hide it. I can't have any influence on the epidemic situation abroad, and I have no obligation to inform the company of my itinerary.

After trial, the court of second instance held that workers have the right to rest and vacation according to law, but they should also abide by labor discipline and professional ethics. If a worker needs to take a vacation due to illness, the hospital shall issue a true diagnosis certificate or sick leave certificate. The diagnosis book is the judgment made by the doctor according to the patient's current condition and his own professional knowledge. It is common sense for a doctor to see a patient in person when issuing a medical certificate, and there is no need for legal definition. 20 19 From February to June 2020, Xiaomei was in the United States, and her mother went to the hospital to register under Xiaomei's name four times. The medical certificate issued by the hospital is used as the basis for applying for sick leave. Because Xiaomei provided a false sick leave form, the company thought it was not inappropriate to be absent from work during this period.

In addition, when the epidemic occurs, the company requires Xiaomei to inform her whereabouts. Xiaomei should actively cooperate with the needs of epidemic prevention and control to truthfully inform the unit, and the obligation to inform is not conditional on the impact on epidemic prevention and control. There is nothing wrong with the company to terminate the labor contract on the grounds that Xiaomei was absent from work during the epidemic prevention punching and repeatedly reported leave. Therefore, the court of second instance dismissed the appeal and upheld the original judgment.

After going to Hong Kong to have a baby, going to the United States to have a baby is even worse. Countless pregnant women from Chinese mainland, from celebrities, rich local tyrants to urban white-collar workers and petty bourgeoisie youths, have flown to the other side of the Pacific Ocean to give birth. Nowadays, it has become a part of popular culture in China, and the platitudes romance "Peking meets Seattle" based on giving birth in the United States has also achieved good box office results. CCTV reporter Chai Jing's low-key return to China after giving birth in the United States triggered a heated discussion among the public. Even Dong Qing, a famous host of CCTV, left her job to study in the United States for one year. Everyone's first reaction was that she went to the United States to have a baby.

At present, the whole world is paying attention to this epidemic, especially in the United States, where the epidemic is the most serious, nearly 1 10,000. Although the United States has high welfare, it can't bear the epidemic. However, during the epidemic, some people chose to take risks. A family of five from Henan returned to the community from America. During the epidemic, the woman insisted on flying to the United States to give birth to an "American baby" and came back to ask: Do I have to be isolated at home when I return home?

It is undeniable that children born in the United States have American citizenship at birth and enjoy American welfare, education and medical resources. Only now that the epidemic has broken out in the United States, those who still insist on giving birth in the United States really admire it. This spirit can no longer be described by maternal love!

When the family came back, they brought two children who had just been born for 40 days. The children are too young to understand. However, regardless of the safety of their children, parents insisted on going abroad to have children and returning home. Have they really considered the consequences?