I am sick – can I be dismissed?
As a general rule, you cannot be dismissed due to illness during the first year you are on sick leave. The employer has a comprehensive duty to facilitate, and both you and the employer are responsible for working actively to ensure that you return to work as quickly as possible.
Dismissal in the event of illness – in brief
- You cannot be dismissed due to illness during the first year you are on sick leave.
- When you are ill, both you and your employer have a responsibility to work actively to ensure that you return to work as soon as possible.
- You may be able to work in a reduced position or with lighter tasks for a period of time.
- If you have been ill for more than one year, the normal rules for dismissal apply.
- If you are ill and your employer wants to dismiss you, contact the lawyers at NITO for assistance in the case.
The employer must facilitate - you have a duty to cooperate
The employer has a comprehensive duty to ensure that you who have a reduced ability to work due to illness return to work as quickly as possible. The longer you have been employed, the more extensive the employer's duty to make arrangements for you.
If your employer has not fulfilled their duty to facilitate and/or relocate, they will probably not be able to dismiss you due to your absence due to illness.
Even if you are ill, you have a duty to participate in the follow-up. You must notify that you will be absent due to illness as soon as possible. You must participate in the dialogue with the employer and contribute to the preparation of a follow-up plan.
There are requirements for the employer's case processing
The employer must, among other things, draw up a follow-up plan and call for dialogue meetings. If your employer is considering dismissing you, you must be called in for a discussion meeting before any dismissal.
Circumstances that are considered if the employer is considering dismissal due to illness
1. What are the forecasts for you to return?
Forecasts of whether and when you will return to work are important in assessing whether there are objective grounds for dismissal. A doctor's certificate that assesses your progression and likelihood of returning to work will be important in the case. If this shows that it is likely that you will soon be back at work, it will weaken the employer's ability to dismiss you.
2. The disadvantages of absence must be considered
Sick leave can be a burden for the workplace and colleagues. Nevertheless, your employer has a duty to make arrangements for you to return to work.
The disadvantages and costs of absence will constitute a greater burden for a small enterprise than for a large enterprise, and may have an impact on whether a dismissal is justified or not.
3. What is your position?
Some positions are more central than others. If you are employed in a senior position or in another key position, it may be more difficult to replace you with a substitute, and this may also have an impact on the objectivity of the dismissal.
NITO is here when it matters
Many people do not know where to start when uncertainty arises in working life. As a trade union, we are here to give you security, support and concrete advice – when you need it most.
