Recently, especially during the pandemic, there has been a noticeable increase in the number of employees receiving medical leave. This rise is not solely due to coronavirus; other health issues can also lead to repeated sick leave. In such cases, employees often wonder whether a worker who frequently takes medical leave can be dismissed from their job.
Sporadic or Frequent Medical Leave: What Are the Consequences?
For an employer to lawfully terminate an employment contract on health grounds, certain conditions must be met. If an employee receives a continuous medical report that causes the notice period to exceed six weeks due to a long-term illness, the employer may terminate the employment contract for valid reasons. However, even when the absence does not exceed those continuous thresholds, an employee who frequently takes medical leave can still face dismissal.
Although some dismissals were restricted during the pandemic, employers often resorted to placing employees on unpaid leave first and planned terminations once restrictions were lifted. Therefore, employees should understand under which circumstances their contracts may lawfully be ended. The rules governing termination of employees who frequently fall ill or take extended leave are set out in Labor Law No. 4857. According to this law, if an employee becomes ill or disabled through their own deliberate actions or reckless behavior—such as alcohol or substance abuse—an employer may terminate the employment without severance pay. For this to apply, the resulting absenteeism must last more than three consecutive business days or exceed five business days within a single month.
When Can the Employment Contract Be Terminated?
If a medical board determines that an employee’s illness is incurable or that it would be unsafe or inappropriate for them to continue working at the workplace, the employer may terminate the employment contract. This provision also applies to coronavirus-related cases once any temporary dismissal bans are lifted. In cases of illness, accident, childbirth, or pregnancy, the employer’s right to terminate without prior notice arises after the employee’s entitled notice period—based on their length of service—has been exceeded.
For female employees, the period relevant to termination related to childbirth and pregnancy begins after maternity leave ends. The calculation of the notice period (also called the notification period) varies according to the employee’s length of service at the workplace. The statutory notification periods are: 2 weeks for employees with less than 6 months’ service, 4 weeks for those between 6 months and 1.5 years, 6 weeks for those between 1.5 and 3 years, and 8 weeks for employees with 3 years or more service. In addition to these notification periods, an employee who will use medical leave lasting an additional 6 weeks may have their contract terminated under the relevant rules.
When calculating the combined period that can justify termination, the totals correspond to service length. For example, an employee with less than 6 months’ service would face a total of 8 weeks; an employee with 6 months to 1.5 years’ service would face 10 weeks; an employee with 1.5 to 3 years’ service would face 12 weeks; and for those with more than 3 years’ service, the calculation amounts to 98 days.
Does Frequent Medical Leave Automatically Justify Termination?
To terminate an employee on the basis that the notice period has been exceeded by more than six weeks, the medical leave must be continuous. If the reports are intermittent, termination on that ground is not applicable. Receiving an extended medical report does not automatically strip the employee of the right to severance pay. Employers who dismiss employees based on health-related reports are still obliged to pay severance where applicable, although they are not required to pay notice pay if they comply with the applicable notification obligations. To avoid paying notice compensation, employers must ensure they issue the required notifications within the legally prescribed notice periods.