Dismissal of an employee on sick leave in the private sector - Other grounds
Verified 20 octobre 2025 - Directorate of Legal and Administrative Information (Prime Minister)
Yes, an employee may be terminated if the employer provides evidence of pattern which is based on real and serious cause. (e.g. professional insufficiency, disagreement, loss of confidence).
The real cause is serious and must be based on objective, verifiable elements attributable to the employee. It must have an impact on the proper functioning of the company.
The employer must comply with the dismissal on personal grounds (convocation, maintenance prior and notification dismissal).
The dismissal for real and serious causenotified 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 :
Please note
If the 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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He does not respond questions on unemployment compensation and approaches to the France Labor (formerly Pôle emploi), the officials or contract workers of the fcivil service, the amount or payment of contributions social, wage or employer.
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Incapacity due to illness or non-occupational accident
Incapacity due to an illness or occupational disease.
Prohibited grounds for dismissal
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