Q&A No. 2: Dismissing an employee on sick leave

We continue publishing our Q&A column on labor and employment matters. This time, we are going to address some questions on firing an employee during the sick leave.

- Can employer fire an employee who is on a sick leave?

- No, it is not allowed to dismiss an employee on a sick leave upon the employer's initiative[1]. However, there are exceptions.

- What are the exceptions?

- The employment contract may be terminated upon by the initiative of the employer during the employee’s sick-leave in the following exceptional cases:

*  if the employer goes into liquidation;

*  if the employee in a managerial position causes material damage to the employer;

*  if sick leave lasts longer than two months;

*  if duties of an employee in a managerial position are terminated prematurely by the owner's decision;

*  if employee holding a managerial position in a quasi-public sector entity has citizenship of another state;

*  if a quasi-public sector employee has committed a corruption offense.

- Is it possible for the employer to dismiss the employee who is on a sick leave at his/her own request?

- Yes, in such case, termination of the employment contract is possible without any restrictions.

Information contained in this Client Update is general and cannot be used as legal advice or recommendation. Please note that Kazakhstan is an emerging economy, and its legislation and legal system are in constant development. Should you have any questions or want to discuss matters addressed in this Client Update, please contact us.

1. Para. 1 of Article 54 of the Labor Code of the Republic of Kazakhstan.