Termination during sick leave? This is what the law says

Both employees and employers can experience uncertainty when it comes to dismissals during sick leave. What is actually legal – and what is not?

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Sick leave provides the employer with special protection

According to the Working Environment Act, you as an employee have special protection against dismissal if you are fully or partially on sick leave and give notice of this. The protection applies for 12 months from the day you became ill, and follows from the Working Environment Act Section 15-8. During this period, the employer cannot dismiss you due to illness, and the protection applies absolutely.

However, this does not mean that it is impossible to be dismissed while on sick leave. The decisive factor is what the real reason for the dismissal is.

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When is a dismissal during sick leave valid?

If you are dismissed while on sick leave, the employer must be able to prove that the dismissal is due to circumstances other than the sick leave. This could be, for example:

• Downsizing or reorganization
• Collaboration problems
• Violation of labor regulations
• Lack of performance over time

The employer has the burden of proof. If the employer is unable to prove that the termination has another objective reason, the termination may be considered invalid.

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What happens if you are dismissed while on sick leave?

If you receive a notice of termination while you are on sick leave, you should react quickly, as the Working Environment Act has several specific deadlines. You can contest the termination in writing if you believe it is invalid.

You have the right to continue in your position until the matter is resolved – either through negotiations or through the legal system. If the dismissal is declared invalid, you may be entitled to your job back and/or financial compensation.

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Difference between temporary and permanent employment

In the case of a temporary position, the same protection does not apply as in the case of permanent employment. Temporary employment contracts normally terminate when the agreed period expires. In the case of a normal termination of the employment relationship, notice of termination is not necessary, and the special protection against dismissal due to illness therefore does not necessarily apply. However, the protection fully applies during the contract period.

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Employer's obligation to facilitate

The employer must also, to the best of their ability, facilitate the employee's return to work after a period of illness. This may take the form of changed work tasks, reduced working hours, or other measures.

How well the employer has fulfilled the obligation to provide accommodation will be central to the assessment of whether there is a valid reason to terminate an employee on sick leave after the expiry of the 12-month protection period.

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What should you do?

If you are dismissed while you are on sick leave, it is important to:

1. Check the date when the sick leave started – this determines whether you are still within the 12-month protection period.
2. Request a written justification for the termination .
3. Consider contacting a lawyer – especially if you suspect that the termination is due to the illness.

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Do you need legal assistance?

For both employees and employers, a dismissal during sick leave can present demanding assessments. As an employee, it is important to know that you have special protection during the period of illness, and that there are clear deadlines for contesting a possible dismissal. As an employer, it is crucial to act correctly and follow the legal requirements - mistakes can lead to invalid dismissal and financial consequences.

Regardless of which side you are on, it may be a good idea to contact a specialized employment law attorney . We offer a no-obligation, free assessment of your case.

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