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Sick leave during the trial period: what are the rules?

Verified 07 June 2023 - Legal and Administrative Information Directorate (Prime Minister)

The rule varies depending on whether it is a sick leave or a accident at work or a occupational disease.

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General case: sickness cessation

When you get sick during your trial period, the duration of your trial period is prolonged.

The end date of your trial is extended by the duration of your sickness absence.

The length of your trial period extension is calculated as calendar days (except in case of treaty provisions in force in the company).

Example :

  • If you are an employee hired with 4 months of trial and then stopped for 2 weeks, after 1 month of activity, your trial period is extended by 2 weeks.
  • If you are an employee hired with 4 months of trial and then stopped for 2 weeks, 1 week before the end of the trial, your trial period is extended by only 1 week that has not been completed.

Accident at work occupational disease or

When your employment contract is suspended accident at work during your probationary period due to an occupational duration trial period is prolonged.

Accident at work The end date of the probationary period shall be postponed by the exact duration of the absence for the purpose of

The duration of the extension shall be calculated in calendar days (except in case of treaty provisions or contractual).

Breaking of the test period is not possible during the suspension.

However, if your employer finds a gross negligence accident at work on your part, your employment contract may, even if suspended, be terminated for a reason other than taking an occupational disease or illness.

In this case, your employer must follow the specific procedure applicable (for example, disciplinary proceedings if he alleges serious misconduct).

The early break of the trial period is possible under the usual conditions (simplified formalities, notice period), after your return to the company.

Example :

  • If you are hired with 4 months trial and then stopped for 2 weeks after 1 month of activity, your trial period is extended by 2 weeks.
  • If you are hired with 4 months trial and then stopped for 2 weeks, 1 week before the end of the trial, your trial period is extended by only 1 week that has not been completed.

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