Company should offer sick employee to return with fixed working hours

A flex traffic driver had a zero-hour contract and was therefore not guaranteed working hours. She had both fixed and variable driving hours, and the variable hours meant she often worked more than 37 hours, up to 51 hours, a week. One day, a passenger vomited on her, which triggered a stress reaction, and she went on sick leave.

During her sick leave, another driver took over her fixed driving duties, with a weekly working time of 37 hours, without the variable driving. The company examined whether the sick employee could return to work and offered her the same job as before. The employee rejected the offer and asked to return without the variable driving hours. The company refused and terminated her due to her sick leave.

The Board concluded that it was unlawful to terminate the employee and that the company should have offered her a fixed working time of 37 hours. This was partly because the company had 300 employees, which should allow for greater planning flexibility. The company had also not proven why the employee could not continue without the variable driving, as the substitute driver did. It was also relevant that the work had caused the sick leave.

IUNO’s opinion

The case confirms that companies may have a duty to adjust work to enable employees on sick leave to return to work, especially if the illness is work-related. If the employee has long seniority, companies may also have a duty to attempt to redeploy the employee.

IUNO recommends that companies engage in dialogue with employees about sick leave, for example, through sick leave interviews and fit-for-work certificates. Companies should also consider whether they can offer employees a gradual return to work. It is important that companies continuously document their actions. 

[The Danish Board of Dismissals judgment of 4 November 2025 in case 20250376]