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D6a - Protection against dismissal in the event of sickness
- D6a1 - Within what time must an employee inform his employer of his sickness?
- D6a2 - Is an employee protected against dismissal if he has complied with the two duties to inform the employer?
- D6a3 - What is the situation regarding the duty to inform the employer in the event of extension of the absence on account of sickness?
- D6a4 - Who bears the burden of proof regarding the reporting obligation?
- D6a5 - What happens if the employer refuses the medical certificate?
- D6a6 - What is the situation regarding the continuing payment of wages in cases where the employee has not delivered a medical certificate to his employer?
- D6a7 - What happens if the employer has not been made aware of the employee’s illness?
- D6a8 - How long does the protection last?
- D6a9 - What can employees do in the event of dismissal during the period of protection?
- D6a10 - How is the 26-week period of protection calculated?
- D6a11 - Is the time limit for alleging serious misconduct suspended during the sickness period?
- D6a12 - What is to be done where there are two contradictory medical certificates?
- D6a13 - Do repeated absences on account of sickness constitute a ground for dismissal?
- D6a14 - May the employer asked the sick employee to submit to a medical counter-examination?
- D6a15 - What happens if the employee submits to a counter-examination?
- D6a16 - What happens if the employee does not submit to a counter-examination?
- D6a17 - May the employment contract come to an end automatically following prolonged sickness?
- D6a18 - Is an employee entitled to special leave in order to visit his doctor during working hours?
- D6a19 - What is to be done if the medical certificate imposes a prohibition on leaving home, whereas the employer has asked his employee to submit to a medical counter-examination?
- D6a20 - Is the employer required to continue paying the wages of an employee who is subject to incapacity for work?
- D6a21 - Is the employer obliged to cease paying wages to an employee who is not working on account of sickness when a refusal decision is adopted by the CNS?
- D6a22 - What is the period for which wages should continue to be paid?
- D6a23 - What types of incapacity for work are to be taken into account for the continuing payment of wages?
- D6a24 - What wage must an employer pay to an employee in the case of continuation of wages?
- D6a25 - What about arrangements for payments from the National Health Fund (CNS)?
- D6a26 - Is an employer required to supplement the pecuniary sickness allowance if his employee’s wage is higher than five times the social minimum wage?
- D6a27 - Is the employee protected against dismissal if he falls ill after being convened to attend the pre-dismissal interview?
- D6a28 - Is an employee protected against dismissal if he falls ill after being suspended?
- D6a29 - What is the situation if the medical certificate and the dismissal or the convening notice to the pre-dismissal interview overlap?
- D6a30 - What is the period of protection against dismissal in cases where the CNS adopts a refusal decision regarding the payment of wages during the period of continuation of wage payment?
- D6b - Sickness and leave