Yes.
Frequent and/or prolonged absences on account of sickness may constitute a ground for dismissal with notice.
The view has been taken in the case law in particular that:
- habitual absenteeism for health reasons may be a cause of breach of the employment contract when it causes indisputable disruption of the operation of the service, that disruption being presumed if the frequency of the absences is such that it does not enable the employer to rely on the regular and efficient collaboration of his employee;
- absences which reach such a number that they involve consequences on the conduct of work colleagues constantly called upon to replace the absent employee must be regarded as constituting an intolerable disruption of the functioning of the company;
- habitual absenteeism as a ground for dismissal has been correctly invoked where the total number of accumulated absences is equivalent to 350 days in a period of a little over 2 years.
Nota Bene
The employer is then entitled to dismiss with notice an employee who is frequently sick, either:
- on the employee’s return from sickness leave;
- on expiry of the period of protection of 26 weeks.
Absenteeism following an occupational disease or a work accident cannot constitute a ground for dismissal.