Working While on Sick Leave: Is the Employee Entitled to Compensation?

Ms. [S] was hired as a medical secretary by Pôle Oise Ophtalmologie under a permanent employment contract dated December 28, 2015.

Most recently, she held the position of secretary supervisor.

On August 6, 2020, the employee was terminated for unfitness for work.

On July 26, 2021, she filed a claim with the labor court challenging the validity of her dismissal and seeking payment of various sums.

She sought compensation on the grounds that she had worked while on sick leave, which she characterized as a breach of the employer’s duty of care.