[vc_row 0=””][vc_column][vc_column_text 0=””]In case of sickness, the employee is required to inform the employer on the first day of sickness. Furthermore, they must provide the employer, within no more than 3 days, with a sickness certificate that indicates their inability to work as well as the foreseeable duration of the sickness.

A decision of the Court of Appeal dated 20 June 2016 gives a practical example how this rule is applied.

In that case, an employee, having learned of the passing of her father, absented herself from her workplace on a Saturday. The employer was informed of the absence indirectly by a work colleague of the latter and by the husband on the same day. An extraordinary leave had been requested (due to the death, article L. 233-16 of the Labour Code) as well as a 3 additional days’ ordinary leave.

However, at the end of the ordinary leave, the employee did not report to work for 3 consecutive days (January 28, 29 and 30), without informing the employer.

On the 4th day of absence (January 31), the employer received a sickness certificate for 3 days (indicating an inability to work from January 30 to February 2).

Following these absences, considered as unjustified by the employer, the latter proceeded with a dismissal with prior notice.

In the first instance, the court had declared that the dismissal was unfair on the ground that “by dismissing… – even with prior notice – solely on the ground that she returned three days late from the funeral of her father, lateness whose origin was brought to his attention by a certificate dated…, [the employer] acted in an unduly manner and with a blameworthy ease, the employee having been in his service for more than 6 years without receiving any warning.”

On appeal, the Court of Appeal recalled the legal rule:

The employee is contractually obliged to work the schedule days. In case of sickness, they are required to inform their employer from the first day of sickness. In case of impediment for another reason, they are also required to inform their employer about their impediment and they cannot merely explain their several-day absence upon their return.

The Court of Appeal noted again that, during the three days’ unjustified absence, the employer was without news from the absent employee.

In these circumstances, the Court of Appeal has considered the dismissal with prior notice as justified.[/vc_column_text][/vc_column][/vc_row]