An employer decides to fire an employee who is on sick leave. Will this be legal, even if there are undeniable grounds for dismissal?
In accordance with Article 55 of the Labor Code of the Republic of Kazakhstan, termination of an employment contract at the initiative of the employer is not allowed during the period of temporary disability and the employee's annual paid leave. Consequently, dismissal during this period is impossible. In addition, according to paragraph 3 of Article 59 of the Labor Code, termination of an employment contract is not allowed during the period of temporary disability of the employee (including pregnancy and childbirth) and leave. However, upon termination of temporary disability, the employer may terminate the employment relationship on the grounds provided by law.
It should be noted that in accordance with subparagraph 17) of paragraph 1 of Article 54 of the Labor Code, an employee's failure to appear for work for more than two months in a row due to temporary disability is in itself grounds for the employer to terminate the employment contract. This ground does not apply to cases where the employee is on maternity leave, or if the disease is included in the list of diseases for which a longer period of disability is established, approved by the Government of the Republic of Kazakhstan (tuberculosis, hepatitis, and a number of other diseases).