Taken from the column Ask the lawyers / Professional traffic issue 2 in 2026

Question:
I have been on sick leave for a long time due to long covid. I am back at 50 percent work, but my employer says I have to show that I can return to 100 percent work, otherwise they will fire me. What should I do?

Answer:
How long you have been on sick leave is crucial for which rules apply. During the first year that you are completely or partially absent from work, you cannot be dismissed due to sick leave. If the absence lasts longer than one year, the employer can dismiss you if they have "just cause". The same applies if you are 100 percent back at work, but the risk of future absence is high.

If you can document that it is realistic that you will return to full employment within a reasonable time, your employer cannot dismiss you. Nor can your employer dismiss you if they have not fulfilled their obligation to accommodate you under the Working Environment Act. The Act requires that employers accommodate you as “as far as possible”. The obligation to accommodate is extensive, but it also has a limit.

A relevant accommodation measure may be to give you a reduced position. You should take the initiative yourself and request a reduced position as an alternative to dismissal. If you are refused, you can file a complaint with the Equality and Discrimination Ombudsman, and point out that there is an individual accommodation obligation under Section 22 of the Equality Act. Alternatively or in addition, you can file a complaint with the Dispute Resolution Board under the Working Environment Act, and point out that you are entitled to a reduced position under Section 10-2, fourth paragraph, of the Working Environment Act. This applies within four weeks of receiving a written refusal from your employer.