The case involved an employee who had been on certified medical leave since April 2022.

Although she duly submitted multiple medical certificates for prior absences, she failed to ensure the timely reception of a new certificate extending her incapacity as of July 25, 2022.

The certificate was only received by the employer on July 28, i.e., on the fourth day of the extension, whereas Article L.121-6 of the Labour Code requires that the employer be in possession of such a document within three days.

The Court held that the date of receipt—not the date of sending—is decisive and that, as a result, the employee was not protected against dismissal due to her illness.

However, the Court found that the employer was not justified in terminating the employment contract with immediate effect.

Although the employee’s failure to meet the legal deadline for transmitting the medical certificate constituted a fault, it did not rise to the level of “grave misconduct” (“faute grave”) necessary for immediate dismissal under Article L.124-10.

The Court emphasized that absence due to illness—once documented—is not inherently wrongful and that the employee had otherwise consistently complied with her prior notice obligations. Therefore, the dismissal was ruled abusive.

The Court awarded the employee compensation in the form of a notice period indemnity equivalent to two months’ salary and moral damages of €1,500. However, it rejected the claim for material damages, as the employee failed to demonstrate active job-seeking efforts or a direct causal link between the dismissal and her financial loss beyond the pre-dismissal period already covered by the notice indemnity.

Feel free to reach out to our team to discuss your projects or to request more information about our services.