Dismissal of an employee on sick leave in the private sector - Absences disrupting the functioning of the company

Verified 20 octobre 2025 - Directorate of Legal and Administrative Information (Prime Minister)

Your situation

  • You are fired because your absence disrupts the functioning of the company
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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.

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