Sick leave during the trial period: what are the rules?

When the employee's employment contract is suspended during the probationary period due to sickness or illness or occupational disease, duration of its trial period is extended.

The end date of the trial period shall be postponed by exact duration of absence for illness and in the limit of the duration of the trial period which remains to be run.

The duration of the extension of the trial period shall be calculated in calendar days (except in case of treaty provisions in force in the company).

During his sick leave, the employee's employment contract cannot be terminated by the employer due to his illness. This would be a breach for cause discriminatory based on health status. An employee may refer the matter to the labor court to resolve any dispute over a case of discrimination.

However, the employment contract of an employee on sick leave may be terminated under the simplified conditions and formalities of the trial period (either on the initiative of the employer or on the initiative of the employee).

The Breakup of the employee's probationary period is not possible during the suspension of his employment contract pFor cause of - or occupational disease (even in the case of an agreement between the employer and employee). However, if the employer finds a gross misconduct of the employee, his employment contract may, even if it is suspended, be terminated for a reason other whether the In this case, the employer must respect the specific procedure applicable from dismissal on personal grounds (e.g. disciplinary proceedings if the employee is accused of serious misconduct).

The early termination of the trial period is possible under the usual conditions (simplified formalities, preventive period to be respected), after the end of the stoppage for {circumflex over (x)} or because of occupational disease, on the way back of the employee in the company.