Sick leave of an employee during the notice period: what consequences?

Verified 24 October 2025 - Directorate of Legal and Administrative Information (Prime Minister)

Remuneration

You may be on sick leave during your advance notice (resignation, dismissal...). You then perceive the daily allowances paid by the Social Security and, if you are entitled to them, the supplementary allowance of the employer.

Length of notice

As for the length of the notice period, the situation depends on the origin professional or non-professional of the disease or accident:

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Non-occupational disease

Stoppage of work for non-occupational disease do not interrupt your notice. Therefore, your notice is not extended.

If you have requested an exemption from your notice and the employer has accepted your request, you are not entitled to a compensatory allowance.

However, if your employer has taken the initiative to waive your notice, you can benefit from the compensation.

The contract ends on the date originally scheduled. This means that you will return to work if your sick leave ends before the end date of your contract (unless the employer exempts you).

Example :

You resign on February 15, 2025 and you have 2 months notice. Your employment contract ends on April 14, 2025.

You were sick and arrested from April 10 to 26, 2025 inclusive, or 17 days. Your notice is not extended by that amount and your employment contract will end on April 14, 2025.

- or occupational disease occurring during the notice period

Stoppage of work due to an accident at work or occupational disease may interrupt your notice. This one is suspended and postponed only if the illness or occupational disease occurred during your notice period. Therefore, your notice is postponed. It shall be extended for a period equivalent to that of the work stoppage.

Example :

You resign on February 15, 2025 and you have 2 months notice. Your employment contract should end on April 14, 2025.

However, you were a victim, during your notice period, of one. You were arrested from March 20 to 26, 2025 inclusive, or 7 days. Your notice will be extended accordingly and your employment contract will therefore end on April 21, 2025 and not on April 14 as originally planned.

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