Dismissal of an employee on sick leave in the private sector - Disciplinary ground

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

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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.

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