8 Dec, 2023 by Marianne Favre Moreillon

The legal subtleties of illness

8 Dec, 2023 by Marianne Favre Moreillon

Sick employees are protected against termination at an inopportune juncture. Implementing this protection involves many subtleties.

Employees on sick leave benefit from a period of protection against termination at an inopportune juncture, the duration of which varies according to years of service with the company. Any leave given during this period is null and void.

The question of whether this protection applies arises when an employee is ill for only a day or two during the notice period, or when he or she nevertheless comes to work despite an insignificant illness such as a cold or angina.

The question is more delicate when an employee is unaware of his or her illness and only discovers after the end of the notice period that he or she was ill at the time of his or her dismissal. This is the case, for example, of an employee who learns after the end of the employment relationship that he was suffering from leukemia on the day of dismissal.

This article covers the following topics:

  • Protection against termination at an inopportune juncture
  • Length of leave protection period
  • Suspension of the notice period
  • Short-term, insignificant illness
  • Employee not immediately aware of illness
  • Retroactive determination of an inability to work

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