先兆流产请假，单位不批准还开除！法院判了
双语君约 6 分钟目前，我国正在加快完善生育支持政策体系，推动建设生育友好型社会，特别是女职工在孕期、产期、哺乳期等特殊时期的权益保障更是日趋完善。
China is accelerating improvements to its childbirth support policy system and advancing the construction of a fertility-friendly society. Recent judicial cases highlight enhanced protections for female employees' rights during pregnancy, maternity leave, and breastfeeding periods. Below are key rulings from Beijing courts addressing common disputes.
先兆流产请假 单位不批准还开除
法院：单位应向职工进行赔付
闫女士在北京一家文化传播公司工作多年，并签订有劳动合同。闫女士怀孕后身体不适，经医院确诊为先兆流产，建议休假14天，于是她向公司提出请病假。
北京市第三中级人民法院法官霍思宇介绍，公司认为闫某之前已经休过了几天病假，根据公司的规章制度不能再连续地继续休病假休下去，所以就没有再审批她这个假期。
A female employee surnamed Yan at a Beijing cultural company, was diagnosed with a threatened abortion and requested 14 days of sick leave with medical proof. The company refused, citing internal policies that limited consecutive sick leave, and terminated her contract for "unauthorized absenteeism".
The Beijing Third Intermediate People's Court ruled the termination unlawful. Judge Huo Siyu emphasized that pregnant employees' health-related leave requests, supported by medical documentation, are legally protected. The employer was ordered to pay Yan 72,000 yuan in compensation for illegal termination and unpaid leave wages.
女职工哺乳期被公司开除
法院认定公司违法
After maternity leave, a female employee surnamed Zhang requested to combine annual leave, bereavement leave (for her grandmother's passing), and breastfeeding leave due to childcare challenges. The company approved but later fired her for "failing to return to work or formally extending leave".
The court found the company failed to clarify leave procedures and disregarded Zhang's status as a breastfeeding mother. The employer was ordered to pay 18,000 yuan in compensation plus 1,360 yuan for unpaid parental leave wages.
A female employee surnamed Liu, a financial manager, negotiated with her employer to work remotely 45 days postpartum while deferring unused maternity leave. She received both her salary and state-funded maternity allowance. The company sued, claiming "double compensation".
Judge Tian Lu clarified that maternity allowance (a social insurance benefit) and wages (payment for labor) serve distinct purposes. As Liu worked during her adjusted leave period, her salary was legally earned income. The court dismissed the company's claim, affirming she need not return the maternity allowance.
在孕期、产期、哺乳期
女职工应依法维护权益
来源：央视新闻微信公众号
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