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Dismissal of an employee on sick leave in the private sector
Verified 06 September 2022 - Directorate for Legal and Administrative Information (Prime Minister)
A criterion is discriminatory if it is one of the 25 criteria recognized as such, such as sex, health status, or religion...
Written agreement negotiated between trade union representatives of employees and employers' groups. It complements and adapts labor legislation in a given sector of activity, often more favorably for employees.
Outcome of the negotiations between the social partners (employers and employees)
Geographical identifier of an establishment or company, 14 digits
Collective agreement, collective agreement, branch, company or establishment agreement applicable in labor law. They lay down the obligations and rights of the employer and the employee.
An employee cannot be dismissed because of his state of health, it is discriminatory. But dismissal of an employee during a sick leave is possible in certain cases (for example, disruption of the company or misconduct of the employee). The rules are different for an employee with representative functions in the company.
What applies to you ?
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Warning
If you are an employee with representative functions in the company, you have a special protection against dismissal.
Company disturbance
The employee may be dismissed when the 3 conditions following are combined :
- Prolonged or repeated absence interferes with company functioning
- The employer is obliged to replace him permanently
- Prolonged or repeated absences must not be related to the employer's failure to fulfill its safety obligation (e.g. absences related to psychological harassment)
One collective agreement or a company agreement may provide for an employment guarantee prohibiting dismissal on grounds relating to illness (for example for 6 months).
A simulator is used to search for the collective agreement with the company's name or number Siret :
The employer must follow the procedure for dismissal on personal grounds.
In the letter of termination, the employer provides the justification for disturbance of the operation of the company.
It also justifies the need to replace the employee permanently absent by a DTA: titleContent.
If the employee fulfills the conditions, he is entitled to the following allowances:
Please note
of treaty provisions may provide for more favorable conditions of compensation.
Disciplinary grounds
The employee may be dismissed if he has committed a fault. It may result from any of the following:
- Failure by the sick employee to comply with his obligations (e.g. late dispatch of a work stoppage despite formal notice to justify the absence)
- Misconduct prior to sickness
- Disciplinary proceedings instituted before the sickness judgment
The employer must follow the procedure for dismissal on personal grounds.
General case
If the employee fulfills the conditions, he is entitled to the following allowances:
Serious or gross misconduct
If the employee meets the conditions, he is entitled to compensatory leave with pay.
Economic motive
The sick employee may be dismissed for economic motive, under the usual conditions.
The employer must comply with the procedure for dismissal on economic grounds.
If the employee fulfills the conditions, he is entitled to the following allowances:
Employee incapacity
At the end of the work stoppagedepending on the consequences of the illness or accident at work on the employee's state of health, the occupational doctor may declare him unfit.
The employer may dismiss the employee for:
- Unfitness of non-occupational origin, i.e. following a judgment common disease
- Unfitness of professional origin, that is to say, where it is linked to a industrial accident or a occupational disease
When the contract of employment is terminated, the employer must comply with the dismissal for personal reasons.
In the letter of termination, the employer shall specify theincapacity and inability to retrain or one of the 2 case of exemption from reclassification authorized by law.
The employee may receive compensation under the following conditions:
General case
If the employee fulfills the conditions, he is entitled to the following allowances:
Please note
the period of notice which the employee would have had to carry out if he had been present shall be taken into account for the calculation of the statutory redundancy payment. Of treaty provisions may provide for the payment of compensation in lieu of notice.
Unfitness of occupational origin
If the employee meets the conditions, he shall be entitled to the following allowances:
- Special redundancy payment equal to twice the amount of severance pay
- Compensatory leave with pay
- Compensation equal to the compensation for notice
Please note
of treaty provisions may provide for more favorable conditions of compensation.
Other grounds
The employee may be dismissed if the employer proves that pattern which is based on a real and serious causeFor example, professional incompetence.
The employer must follow the procedure for dismissal on personal grounds.
If the employee fulfills the conditions, he is entitled to the following allowances:
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you belong to the ministry responsible for labor.
Cost: free service
Attention: the service does not respond questions relating to unemployment compensation and representations to Pôle emploi, civil servants or public service contractors, the amount or payment of social, wage or employer contributions.
The service is available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
Prohibited grounds for dismissal
Unfitness as a result of non-occupational disease or accident
Accident at work Unfitness as a result of an occupational disease.
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