One of my employees on sick leave did not send me his new sick leave and did not return to his post after the work stoppage. He accuses me of not having organized a follow-up visit to the occupational medicine. Can I consider this absence as an abandonment of my job and dismiss my employee?
The Court of Cassation recently had to judge a similar case.
Unjustified absence: the place of the return visit
A sick leave for a period of one month had been established for an employee. At the end of this stoppage, the employee not having returned to his workstation and having sent no extension, his employer sent him a letter asking him to justify his absence or to resume his work.
In the absence of a response, the employer dismissed the person concerned for serious misconduct resulting from his unjustified absence, which according to the employer characterized an abandonment of his post.
The employee seized the industrial tribunal, contesting his dismissal. According to him, not having been the recipient of a summons to a repeat examination with the occupational medicine services, his contract remained suspended, so he did not have
