politics
March 16, 2026
Can your employer fire you while you're on sick leave? Here's what the law says
The fact that an employee is on sick leave does not prevent the termination of their employment contract, says lawyer Sonja Pekić.
TL;DR
- Being on sick leave does not automatically prevent an employer from terminating an employment contract if other legal reasons exist.
- Certain statuses, such as pregnancy, maternity leave, or parental leave, provide a strong protection against dismissal.
- Employment contracts that expire while an employee is on sick leave will not be extended.
- Employees can be declared technologically redundant even while on sick leave, if the position is genuinely eliminated and the procedure is lawful.
- Employees have the right to legal protection within 60 days of receiving a contested document.
- Abuse of sick leave is a disciplinary offense, but requires proof that the absence is being used contrary to its purpose.
- Employers can request an assessment of an employee's health capacity from the relevant health authority if they suspect the reason for absence is invalid.
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