Termination due to illness

Taken from the column Ask the lawyers / Professional traffic issue 4 in 2025

Question :
Can you be dismissed due to illness?

Answer :
The Working Environment Act is clear. No one can be dismissed due to sick leave during the first 12 months after illness. In other words, during the first year, one is protected against dismissal due to illness.

After 12 months, you no longer have this absolute security. In some cases, the employer can then terminate the employee due to illness. But the rules are strict. It takes a lot for illness to be grounds for termination, even when someone has been on sick leave for over a year.

The employer should always consider other measures:

– Is there any facilitation, or other tasks you could perform instead?

– Can the employer adjust working hours or similar so that the job is better suited to health?

– Can the employer accept a lower presence for a period of time, so that you can come back stronger when you are healthy?

Remember that the employer is obliged to discuss these thoughts with the employee, and with the doctor and Nav, if necessary.

If you are on sick leave, we recommend that you contact your union representative. The employer has a duty to facilitate, and if you know of measures that will allow you to return to work, it is important that the employer knows about this.