Hello!

16.12.2025 16:20 • Question

Hello! I have a labor dispute with my employer. 1. Sick leaves: I officially took several sick leaves: first for myself, then for childcare, then again for myself. After that, I returned to work for a week, then took 3 days off unpaid, and got sick again. My boss called and said that she was "fed up with my sick leaves" and threatened that either I return to work from tomorrow, or "they might insist on my dismissal." I had to return to work and not extend my sick leave. There is a recording of the conversation confirming this. 2. Vacation and financial assistance: I am supposed to take a vacation from December 22nd to January 3rd/4th with financial assistance for recuperation (50% of my salary). My management says I can take vacation, but I must work during it because I was on sick leave and was absent for a long time. I would like to understand: Is the employer's pressure due to sick leaves and threats of dismissal legal? Is it legal to demand working during an official vacation with financial assistance? What are my rights and how can I protect myself in both situations?

1 Answers

Lorina Fedan

Answer provided 17.12.2025 10:37

Hello! According to paragraph 5, part 1, article 40 of the Code of Labor Laws: "An employment contract concluded for an indefinite period, as well as a fixed-term employment contract before the expiration of its term, may be terminated by the employer only in cases of non-appearance at work for more than four consecutive months due to temporary incapacity for work, not counting maternity leave, if a longer period of preservation of the workplace (position) for a certain disease is not established by law. For employees who have lost their capacity for work due to industrial injury or occupational disease, the workplace (position) is retained until the restoration of working capacity or the establishment of disability." Dismissing an employee on this ground is a right, not an obligation, of the employer. If the employer chooses to dismiss the employee, they must take into account the following nuances. 1. Termination of employment relations under paragraph 5, part 1, article 40 of the CLC is possible only during the employee's period of incapacity for work. 2. The incapacity for work of the dismissed employee must last for more than 4 consecutive months. If the employee returned to work for at least one day or took an annual leave, leave at their own expense, etc. between sick leaves, the 4-month period is interrupted. 3. It is not possible to sum up periods of non-appearance at work due to temporary incapacity for work, the duration of which is less than 4 months. 4. The 4-month period provided for in paragraph 5, part 1, article 40 of the CLC must expire completely. Its expiration should be considered the corresponding day of the fourth month from the moment the employee did not appear at work due to illness. Accordingly, an employee can be dismissed from the first day of the fifth month of incapacity for work according to the sick leave certificate. 5. Absence from the workplace for 4 months must be confirmed by incapacity certificates (!) (and not, for example, by medical certificates). 6. Maternity leave cannot be included in the 4-month period of incapacity for work. The employer cannot legally require an employee to come to work during paid annual leave without their consent, as leave is a period of rest. The employer can recall from annual leave only with the employee's consent and in certain cases (for example, to eliminate the consequences of an emergency). Working during leave is possible only by mutual agreement of the parties and on conditions of part-time work, or by early termination of leave, which is formalized by an application and an order.

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