Exemption from work for an employee on sick leave
Publié le 9 December 2022
Frequently Asked Questions
One of our employees currently on sick leave will soon return to the company. He asks us if he can already start working from home. What should we say to him?
You have to say no! Indeed, an employee whose employment contract is suspended due to a work stoppage is exempted from working. Therefore, not only can you not expect him to perform tasks related to his work, but you must also not tolerate him working on his own initiative.
There is only one downside to this prohibition of work: you can ask the employee to respond to specific requests which are necessary for the continuation of the activity of your company, but which do not require him to perform a certain task (concretely, the employer’s request is limited to the transmission of documents or information).
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