Sick leave during notice: what are the consequences?

Verified 13 May 2022 - Directorate for Legal and Administrative Information (Prime Minister)

Remuneration

You may be on sick leave during your notice (resignation, dismissal,...). You then perceive the daily allowances paid by the social security and, if you are entitled to them, the employer's supplementary allowance.

Duration of notice

As regards the length of the notice period, the situation depends on the origin professional or non-professional illness or accident.

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Non-occupational disease

Work stoppage due to non-occupational disease do not interrupt your notice. Therefore, your notice is not extended.

If you have requested an exemption from your notice and the employer has accepted your request, you are not entitled to a compensatory allowance.

However, if your employer has taken the initiative to waive your notice, you will be entitled to the compensatory allowance.

The contract shall end on the date initially laid down. Thus, you return to work if your sick leave ends before the end date of your contract (unless the employer exempts you).

Example :

You resign on February 15, 2022 and you have 2 months notice. Your employment contract ends on April 15, 2022.

You were ill and arrested from April 10 to 26, 2022 inclusive, 17 days. Your notice is not extended accordingly and your employment contract will end on April 15, 2022.

Accident at work occupational disease or

Accident at work Stopping work because of an occupational illness interrupt your notice. Therefore, your notice is extended by the same period as the work stoppage.

Example :

You resign on February 15, 2022 and you have 2 months notice. Your employment contract is expected to end on April 15, 2022.

Accident at work However, you were the victim of a procedure and you were arrested from March 20 to 26, 2022 inclusive, 7 days. Your notice will be extended by that amount and your employment contract will therefore end on April 22, 2022, and not on April 15 as originally scheduled.

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