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Dismissal of an employee on sick leave in the private sector
Verified 20 October 2025 - Directorate of Legal and Administrative Information (Prime Minister)
An employee cannot not be fired because it is sick. It's a discrimination related to health status. However, the dismissal remains possible in certain specific situations. Especially when its absence disrupts the functioning of the company, in the event of economic difficulties, for disciplinary grounds and for unfit. We're taking a look at the regulations.
What applies to you ?
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Absences disrupting the functioning of the company
Yes, an employee can be licensed during his sick leave if his absence disrupts operation of the company. There is disruption the functioning of the company if the 2 conditions cumulative the following are combined:
- Absence extended or absences repeated of the employee result in a disorganization
- Obligation for the employer of replace the employee definitely by hiring in DTA: titleContent.
One collective agreement or a company agreement may provide for employment guarantee prohibiting dismissal on grounds of illness (for 3, 6 or 12 months, for example).
Prolonged absence or repeated absences should not be linked to employer's failure to comply its obligation to security (e.g. absences due to psychological harassment, overwork).
A simulator allows you to search for the collective agreement with the name of the company or its number Siret :
Finding your collective agreement
Warning
The employee in - or in occupational disease benefits from a protection against dismissal. He can be dismissed only for gross misconduct or impossibility of maintain employment contract (not related to accident or illness).
The employer must respect the procedure for dismissal on personal grounds (convocation, maintenance prior and notification dismissal).
The termination letter must be reasoned. The employer must specify the elements allowing justify the disruption of the functioning of the company. It shall also indicate and establish the need for permanent replacement the employee absent by one DTA: titleContent.
FYI
One collective agreement or a company agreement may compel the employer to send a formal notice to the employee before dismissing him.
When the employer notified to the employee a dismissal for absence disrupting operation of the company during his sick leave, he must pay the employee compensation at the end of the employment contract.
The allowances are paid to the employee if he meets the conditions :
Please note
If the dismissed employee cannot not give notice because he is ill, the compensation for notice is not not due. It is due to him if the employer exempts the employee to give notice.
Economic difficulties
Yes, when the company has economic difficulties (or if it closes definitely), the employer may dismiss a sick employee. The economic reason for the dismissal may be deleting or transformation of employment. It can also be the consequence from denial of the employee of edit an essential element of his proposed employment contract in writing by the employer in the context of the difficulties encountered.
The employer must respect the dismissal procedure for economic motive (convocation, maintenance prior).
When the employer notified to the employee a dismissal for absence disrupting operation of the company during his sick leave, he must pay the employee compensation at the end of the employment contract.
The allowances are paid to the employee if he meets the conditions :
Please note
If the employee cannot not give notice because he is ill, the compensation for notice is not not due. It is due to him if the employer exempts the employee to give notice.
The compensation for notice follows special rules in the event of reclassification leave and accession to the professional security contract (CSP).
Disciplinary ground
Yes, an employee can be dismissed during sick leave if he has committed a misconduct. This may be, for example, the consequence any of the following:
- Failure from sick employee to his obligations (if he sends his work stoppage late despite formal notice from the employer of justify of his absence, for example)
- Act disloyal during the work stoppage (insults, insults and threats,...)
- Act competitive during the suspension for illness causing prejudice to the employer
- Fault committed before sick leave
- Refusal of return the elements necessary for the continuation of the activity company (computer, phone, keys, etc.)
- Procedure disciplinary committed before sick leave.
FYI
The employer has a delay of 2 months to initiate disciplinary proceedings. This period shall begin on the date on which the employer was aware of the facts reproached. Beyond that time, the facts are prescribed.
The employer must respect the procedure for dismissal on personal grounds (convocation, maintenance prior and notification dismissal). The letter must mandatory specify the reason for dismissal.
The termination for misconduct notified to the employee during his sick leave obligatory the employer to pay the employee compensation at the end of the employment contract.
The allowances are paid to the employee if he meets the conditions :
If the dismissed employee cannot not give notice because he is ill, the compensation for notice is not not due. It is due to him if the employer exempts the employee to give notice.
Please note
In the event of dismissal for gross or gross misconduct, severance pay and advance notice compensator are not paid. However, treaty provisions, the employment contract or a usage in the company may provide for the payment of such allowances.
A simulator allows you to search for the collective agreement with the name of the company or its number Siret :
Physical incapacity
When the illness or accident some work has consequences on the working capacities of the employee, the occupational physician may declare it unfit to his post.
This inability found at end of work stoppage gives the possibility to the employer to dismiss the employee for:
- Original Incapacity unprofessional, i.e. following a judgment ordinary illness
- Original Incapacity professional, i.e. when it is linked to a accident at work or a occupational disease.
Upon termination of the employment contract, the employer must comply with the dismissal on personal grounds (convocation, maintenance prior and notification dismissal).
FYI
In the letter of termination, the employer specifies theincapacity and impossibility of reclassification or one of the 2 case of exemption from reclassification authorized by law.
The rules are different depending on whether the incapacity pronounced by the occupational physician follows a - or to a occupational disease or no :
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Incapacity following a non-occupational disease or accident
The employee licensed following an incapacity of non-professional origin, i.e. following a non-occupational illness or accident, may receive severance pay.
In order to receive this allowance, the employee must provide at least 8 months of uninterrupted seniority serving the same employer.
The amount of such compensation shall be at least equal to statutory severance pay (except treaty provisions more favorable).
When the employee is dismissed, there's no notice. The employee does not perceive compensation for notice. However, treaty provisions may provide for the payment of such compensation.
The length of notice not served is consideration to determine the calculation of the statutory severance pay.
Example :
An employee is dismissed for incapacity following an illness. The employee has 8 years and 3 months of seniority in the company at the time of the notification of his dismissal. The notice period is 2 months. The length of service taken into account in calculating the severance pay will be 8 years and 5 months.
If the employee fulfills the conditions, he can benefit from the Return to Employment Assistance (RHE)However, there may be deferred compensation and a waiting period.
Please note
The employee may receive compensation for notice when the dismissal is reclassified without real and serious cause by the labor court because of the employer's failure to fulfill its obligations (e.g., failure to seek reclassification).
Incapacity due to an illness or occupational disease
The employee dismissed following a unfitness of occupational origin, i.e. following a - or a occupational disease, shall receive the following allowances:
- Special severance pay. Its amount is at least equal to double of statutory severance pay (except treaty provisions more favorable). It is paid without seniority condition.
- Compensation in an amount equal to the compensatory notice allowance.
Please note
In the event of an employee's unreasonable refusal to reclassify, he or she shall receive the statutory severance pay (except treaty provisions more favorable).
If the employee fulfills the conditions, he can benefit from the return-to-work allowance (RTA), but there may be deferred compensation and a waiting period.
Other grounds
Yes, an employee may be terminated if the employer provides evidence of pattern which is based on real and serious cause. (e.g. professional insufficiency, disagreement, loss of confidence).
The real cause is serious and must be based on objective, verifiable elements attributable to the employee. It must have an impact on the proper functioning of the company.
The employer must comply with the dismissal on personal grounds (convocation, maintenance prior and notification dismissal).
The dismissal for real and serious causenotified to the employee during his sick leave obligatory the employer to pay the employee compensation at the end of the employment contract.
The allowances are paid to the employee if he meets the conditions :
Please note
If the employee cannot not give notice because he is ill, the compensation for notice is not not due. It is due to him if the employer exempts the employee to give notice.
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Incapacity due to illness or non-occupational accident
Incapacity due to an illness or occupational disease.
Prohibited grounds for dismissal
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