Posting vacation photos on Instagram while you are on sick leave: is this grounds for dismissal?

Posting vacation photos on Instagram while you are on sick leave: is this grounds for dismissal?
Posting vacation photos on Instagram while you are on sick leave: is this grounds for dismissal?

Can taking sick leave to go on vacation result in an employee being dismissed? The answer is not so simple.

With the return of sunny days, you might be tempted to pretend to be sick to enjoy the sun… But what do you risk if your employer comes across your beach vacation photos on Instagram while you are on sick leave? Thierry Meillat, specialist lawyer at the Hogan Lovellis firm, answers this question on the set of BFM Business.

Request for a medical check-up

According to the expert interviewed by our colleagues, although the practice is not very moral, it does not justify dismissal for serious misconduct. “We do not have the right to sanction an employee who is on vacation or who even carries out another activity during sick leave, unless this activity is competitive or if it harms the interests of the company”explains the lawyer.

On the other hand, the employer can end the sick leave by contacting Social Security or the employee’s welfare organization to request a second visit.

If the sick employee is not at home when a mandated doctor goes there, then his sick leave will end immediately and the employee must return to his post the following day. The social security organization will also end the payment of daily allowances received.

The case of “free exit”

However, it happens that sick leave issued by a doctor allows the sick person to benefit from “free exit”, which does not necessarily authorize going abroad but may authorize taking a vacation or going to the mountain or sea.

To conclude, if you are considering sick leave fraud, do it discreetly and refrain from sharing photos on your networks. The most ethical and moral thing is to take time off when you want to enjoy a moment of relaxation.

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