Prolonged absence due to illness: a reason for dismissal
You cannot dismiss an employee because of his state of health on pain of committing discrimination (Labor Code, art. L. 1132-1).
On the other hand, if the illness of one of your employees results in repeated absences or a prolonged absence, the courts admit that it is possible to dismiss him on two conditions:
its absence disrupts the proper functioning of the company (for example, by an overload of work which weighs on the other employees, by errors or delays which may have arisen, etc.); this disturbance entails the need to provide for its permanent replacement. Definitive replacement of the sick employee: what is meant by this?
The permanent replacement of an employee absent for illness supposes an external hiring in CDI. Indeed, hiring a person on a fixed-term contract or on a temporary basis is not sufficient. Likewise, there is no definitive replacement if the functions of the sick employee are assumed by another employee of the company, or if the work is distributed among several employees.
Recruitment must also take place at a date close to dismissal or within a reasonable time after ...
