Occupational Disease – Sickness linked to the professional activity
The court considers that a continued absence of six months in a working 12-month period, extended seamlessly into the new year for a new period of six weeks, seriously disrupts the organization of a company, especially in this particular case, since the absences were initially of a duration of two weeks and the employer was informed only at the last minute of the new extension of the sick leave, having to react very quickly to reorganize the tasks within his organization.
From September 2010, the medical certificates produced absences lasting a whole month and the employer had to face the fact that he could no longer rely on an effective and regular cooperation in future.
It follows that, a priori, there is a case of habitual absenteeism for health reasons.
Mrs. A.) though, objects that her absences may be considered a valid reason for her dismissal, claiming that she had been victim of moral harassment at her workplace, which was the main reason she got sick and the source of her absences.
Dismissal for habitual absenteeism for health reasons is not justified if the sickness causing the abnormally long or frequent absences has its origin in the professional activity of the employee; proof that his/her illness was directly related to his/her work, however, is the employee’s responsibility. (C.S.J., 18/06/2015, n°40350 du rôle).