In a judgment dated 12 June 2026, the Luxembourg Labour Court reiterated the circumstances in which sickness absences can justify dismissal with notice.

Conditions for dismissal based on sickness absences

Absences due to illness may constitute valid grounds for dismissal where the following three cumulative conditions are met:

1. the employee has a pattern of health-related absenteeism, characterised by unusually long or frequent periods of absence due to illness;

2. those absences cause a clear disruption to the organisation and operation of the business; and

3. the employer can no longer rely on the employee’s sufficiently regular attendance to meet the operational needs of the business.

Occupational illness and workplace accidents

There is a significant limitation: where the employee’s absences are due to an occupational illness or a workplace accident, the employer cannot justify dismissal.

Such absences are regarded as forming part of the risks inherent in the employer’s business and must therefore be borne by the employer.

Must disruption to the business be proved in any case?

The Labour Court reiterated that disruption to the business may be presumed where the frequency of the employee’s sickness absences is such that the employer can no longer rely on their regular and effective attendance.

The employee may nevertheless rebut this presumption by demonstrating that their absences did not disrupt the organisation or operation of the relevant department.

Finally, the nature or size of the business, as well as the assertion that an employee can be easily replaced, are not sufficient alone to rule out disruption. Whether disruption occurred must be assessed in light of the specific circumstances of each case.

Luxembourg Labour Court, judgment dated 12 June 2026.