Sick leave during the trial period: what are the rules?

Verified 17 April 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Suspension of the employee's employment contract (in DTA: titleContent, in CSD: titleContent or on an interim contract) during the probationary period due to illness shall result in an extension of the probationary period for a period identical to that period of suspension. The rule varies depending on whether it is a sick leave or a accident at work or a occupational disease. We present you with the information you need to know.

Sick leave

Where the employee's employment contract is suspended during trial period due to illness, duration of its trial period is prolonged.

The end date of the trial period shall be extended by exact duration of absence for sickness and within the remaining trial period.

The duration of the extension of the trial period shall be calculated as calendar days (except in case of treaty provisions in force in the company).

Example :

  • If an employee is hired with 4 months trial period and then stopped for 2 weeks, after 1 month of activity, the employee's trial period is extended by 2 weeks.
  • If an employee is hired with 4 months trial period and then stopped for 2 weeks, 1 week before the end of the trial, the employee's trial period is extended by1 week only which has not been carried out.

During sickness, the employee's employment contract cannot be ruptured due to his illness. That would be a breakdown on cause discriminatory based on his or her health. An employee may to refer the matter to the labor council to settle any conflict over a case of discrimination.

However, the employment contract of an employee on sick leave may be terminated under the simplified conditions and formalities of the trial period (either on the initiative of the employer or on the initiative of the employee).

Accident at work occupational disease or

Where the employee's contract is suspended lasting during accident at work trial period due to an occupational disease, duration of its trial period is prolonged.

The end date of the trial period shall be extended by exact duration of absence for sickness and within the remaining trial period.

The duration of the extension shall be calculated in calendar days (except in case of treaty provisions or contractual).

Example :

  • If an employee is hired with 4 months trial period and then stopped for 2 weeks, after 1 month of activity, the employee's trial period is extended by 2 weeks.
  • If an employee is hired with 4 months trial period and then stopped for 2 weeks, 1 week before the end of the trial, the employee's trial period is extended by1 week only which has not been carried out.

The break-up of the trial period is not possible accident at work during the suspension for reasons of occupational illness or illness (even in the case of an agreement between the employer and the employee).

However, if the employer finds that gross negligence of the employee, his employment contract may, even if suspended, be terminated for a reason other accident at work than the occupational disease.

In this case, the employer must comply with the specific procedure applicable to dismissal on personal grounds (e.g. disciplinary proceedings if he accuses you of serious misconduct).

The early break of the trial period is possible under the usual conditions (simplified formalities, notice period to be respected), only after the end of the judgment, on return of the employee in the company.

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