Sick leave · 7 min
Can you be dismissed while on sick leave?
Illness in itself does not normally constitute objective reasons for dismissal. Here we explain the rules on long-term sick leave and the employer's rehabilitation responsibilities.
Editorial team,Felaktigt Uppsagd
Being on sick leave does not automatically prohibit dismissal, but under case law, illness in itself does not normally constitute objective reasons (previously referred to as objective grounds) for dismissal.
Dismissal may become an option if your capacity for work is permanently reduced to the extent that you can no longer perform work of significance to the employer. Issues that often need to be examined include the employer's rehabilitation responsibilities under the Work Environment Act and Chapter 30 of the Social Insurance Code, your capacity for work, possible adjustments to your work, and whether redeployment to other work is reasonable.
No single rule determines every case. The assessment is based on the circumstances of the individual case.
If you are dismissed while on sick leave, it may be worth having someone with employment-law expertise review the dismissal, because the time limits under LAS are short.
Sources
- Employment Protection Act (1982:80) (Swedish Parliament)
- Work Environment Act (1977:1160) (Swedish Parliament)
- Social Insurance Code (2010:110) (Swedish Parliament)
- Judgments of the Swedish Labour Court (Swedish Labour Court)
The information on this page is general and does not constitute an assessment of your individual case. Rules may change and collective agreements may contain different provisions. Contact us for an assessment of your specific situation.