Sick leave during notice: what are the consequences?

Verified 20 September 2023 - Directorate for Legal and Administrative Information (Prime Minister)

You may be on sick leave during your notice (resignation, dismissal...). You then perceive the daily allowances paid by the social security and, if you are entitled to them, the employer's supplementary allowance.

As regards the length of the notice period, the situation depends on the origin professional or non-professional illness or accident.

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Non-occupational disease

Work stoppage due to non-occupational disease do not interrupt your notice. Therefore, your notice is not extended.

If you have requested an exemption from your notice and the employer has accepted your request, you are not entitled to a compensatory allowance.

However, if your employer has taken the initiative to waive your notice, you will be entitled to the compensatory allowance.

The contract shall end on the date initially laid down. Thus, you return to work if your sick leave ends before the end date of your contract (unless the employer exempts you).

Example :

You resign on February 15, 2023 and you have 2 months notice. Your employment contract ends on April 14, 2023.

You were ill and arrested from April 10 to 26, 2023 inclusive, 17 days. Your notice is not extended accordingly and your employment contract will end on April 14, 2023.

If the last day of your notice falls on a day when the company is closed, it ends on the day before elaborate.

Accident at work occupational disease or illness occurring during the period of notice

The work stoppage due to an accident at work or occupational disease may interrupt your notice. It is suspended and postponed only accident at work if the occupational disease or illness occurred during your notice. Therefore, your notice is deferred. It shall be extended for a period equivalent to the duration of the work stoppage.

Example :

You resign on February 15, 2023 and you have 2 months notice. Your employment contract is expected to end on April 14, 2023.

However, you have been a victim, during your noticeaccident at work , of a You were arrested from March 20 to 26, 2023 inclusive, 7 days. Your notice will be extended by that amount and your employment contract will therefore end on April 21, 2023, and not on April 14 as originally scheduled.

If the last day of your notice falls on a day when the company is closed, it ends on the day before elaborate.

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