The nuances of protection against leave in case of sickness
30 May, 2023 by
Employees who are unable to work are protected against dismissal at an inopportune juncture. There are many subtleties to the implementation of this protection, particularly in cases of partial incapacity, short-term or insignificant illness, or when the employee is unaware that he or she is ill.
After the probationary period, the Code of Obligations provides protection against leave at an inopportune juncture, the duration of which varies according to the number of years of service. Leave is void if it is given during an incapacity to work. The leave period is suspended if the illness occurs after dismissal but before the end of the leave period.
This article covers the following topics:
- duration of protection against dismissal
- partial or short-term incapacity
- dismissal of an employee who is unaware of his illness
- insignificant illness
- protection in the event of incapacity for work limited to one place of work
- sexual harassment and mobbing