Dismissal of an employee on sick leave in the private sector - Physical incapacity

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

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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:

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:

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.

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