Dismissal without sick leave: Is there a chance to appeal?

16.12.2025 08:05 • Question

If I got sick and couldn't come to work, but didn't have an official sick leave certificate, and just informed my supervisor about my condition, can I be dismissed for absenteeism? Are there any exceptions or other ways to confirm a valid reason for absence if it was impossible to obtain sick leave? I am concerned about whether such a dismissal can be appealed in any way or if my position can be saved if there is evidence, but it is not in the form of an official document.

1 Answers

Lorina Fedan

Answer provided 16.12.2025 10:19

Yes, you can be dismissed for absenteeism if you did not have a valid reason and did not formalize a sick leave, even if you informed your manager, as oral notification is insufficient evidence. If the absence was due to an actual illness that was later confirmed, and you could not obtain sick leave, you can challenge the dismissal in court by providing evidence (medical certificates, testimonies, correspondence) to prove the validity of the reason and restore your rights. Absence from work without valid reasons and proper documentary confirmation (sick leave) is considered absenteeism, which is grounds for dismissal at the employer's initiative. Notifying your manager by phone or messenger is not sufficient legal proof of your incapacity for work, unlike an official sick leave certificate.

The answer is informational and does not replace a full legal consultation. For a detailed analysis of your situation, contact a lawyer directly.