Can I be dismissed while on certified sick leave?
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Can I be dismissed while on certified sick leave?

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11.07.2026

I’ve been on certified sick leave from my job in Malta for several weeks due to a medical condition, with proper medical certificates submitted throughout. My employer has just informed me I’m being dismissed, citing ‘ongoing absence’ as the reason. Is it legal to dismiss someone specifically because they are on legitimate, certified sick leave?

Site Administration 12.07.2026
reply date: 12.07.2026

Dismissing an employee simply because they are on legitimate, properly certified sick leave is generally not considered a fair reason for termination under the Employment and Industrial Relations Act, Chapter 452 of the Laws of Malta, since a genuine medical absence supported by proper certification does not, on its own, typically amount to 'good and sufficient cause' for dismissal, which is the standard required to lawfully terminate an indefinite employment contract outside of redundancy. That said, there can be more complex situations where extremely prolonged absence genuinely makes continued employment in the specific role unworkable, and how the law treats those situations can depend heavily on the specific facts, the nature of the role, and whether the employer properly explored alternatives before resorting to dismissal. Given that you describe your leave as properly certified throughout with no suggestion of abuse of sick leave, this dismissal looks vulnerable to challenge. Gather your medical certificates and the dismissal notice, and raise a formal complaint through the Department of Industrial and Employment Relations, with a view to bringing an unfair dismissal claim before the Industrial Tribunal if the matter is not resolved.

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