L4 and severance — when is it due?

Sick leave (L4) often raises doubts: is severance due when the employee is ill? The key rule is simple — the reason for termination decides, not the fact of L4 itself. Below we explain when severance can apply and when it usually does not.

L4 and severance — basic rules

Sick leave alone does not exclude severance. If the employment ends for employer‑side reasons (e.g., position elimination, reorganization), severance may still be due despite L4. The justification in the termination notice is crucial.

Termination reason and severance eligibility

Statutory severance generally applies when dismissal is for reasons not attributable to the employee. If the reason is long‑term incapacity for work or other employee‑side circumstances, statutory severance usually does not apply. Exceptions may follow from a contract or collective agreement.

Long‑term illness and rehabilitation benefit

In practice, employees may be on L4 or rehabilitation benefit when the contract is terminated. In such cases you must verify the legal basis of dismissal — it determines whether severance is due.

Disciplinary dismissal and severance

After disciplinary dismissal (employee fault), redundancy severance is not payable — even if the employee was on L4.

Documents and practical steps

1. Review the termination notice and stated reason.
2. Collect medical documents (L4, ZUS decisions).
3. Check whether your contract or collective agreement provides additional severance.
4. If unsure, request written clarification.

Example

An employee on L4 is dismissed due to position elimination. Severance may still be due because the reason lies with the employer.

Calculate in practice

Use the severance calculator to estimate the amount and see how seniority affects the payment.

See also

• Severance on dismissal — when it is due and how much
• Retirement severance — when it is due and how much

Sources

• Act on special rules for terminating employment for reasons not attributable to employees (ISAP)
• Labour Code (ISAP)
• PIP — termination of employment contract