Skip to content

Employee’s incapacity for work: Essential FAQs


Winter is approaching in the Nordics and infectious diseases, darkness, and slippery roads will soon impact our daily lives. Typically, for employers this means an increase in the number of employees’ sick days.

If your Finland-based employee’s capacity for work has reduced due to an illness, accident or injury, the employee is generally entitled to be on a paid sick leave. The maximum number of paid sick days is based either on the legislation, an employment contract or an applicable collective bargaining agreement. The maximum length is typically something between 9 days and 3 months.

Below you can find answers to eight frequently asked questions related to sick leaves in Finland. 

Are employees always entitled to be absent if they have a medical certificate?

Not necessarily, a medical certificate does not automatically permit the employee to be absent. 

The employer decides if the employee can work or not, as it eventually depends on the employee’s role, duties and the reason for absence. Sometimes the employee’s capacity for work can be partially reduced and in such a case the employee may potentially perform some duties despite the medical certificate. 

If the employer considers asking the employee to work despite the medical certificate, it is important to carefully assess the situation and consider potential options – like reduced working hours or work from home – together with the employee and the occupational healthcare professional.

Is a medical certificate always required?

The employer has a right to request a medical certificate. 

If the certificate is not appropriate and, for example, does not include a diagnosis, the employer does not have to accept the leave request. The employer may request the employee to provide a medical certificate issued by its own occupational healthcare provider instead.

The employer may allow employees to call in sick without a medical certificate, but this often applies only in case the needed leave is anticipated to be short, typically up to 7 days. Such practices are dependent on the employer’s internal policies and/or on the applicable collective bargaining agreement. 

If the absence continues for at least 2 weeks, the employer usually needs a medical certificate to continue paying salary and apply for sickness allowances from the Social Insurance Institution of Finland.

Who should the employee inform of illness?

Many employers instruct employees to inform their managers as they have the best understanding of the employee’s duties, and additionally the payroll so they have accurate information to make correct payments. However, this depends on the company policies. 

The employer is entitled to define who, how, and when should be informed. Therefore, it would be important to have clear company guidelines/policy on absences and that all employees are aware of such rules. 

Can an employee return to work during sick leave?

Yes, but not without the employer’s approval. Considering the employer’s obligations in relation to health and safety at work, it is the employer’s decision whether it considers the employee to be ready to return to work or not.

Is an employee always entitled to be paid during sick leave?

Not necessarily, if the employment has not continued long enough or if the maximum number of paid sick days has been reached. Further, employees are generally not entitled to any paid sick days if the incapacity for work was caused intentionally or by gross negligence.

Can the employee be contacted during sick leave?

Yes. Especially during a longer absence the manager should continue to be in touch with the employee occasionally but always considering the employee’s condition. This allows the employer to stay updated on the employee’s situation and to appropriately prepare for the employee’s return. Contacting should primarily take place by phone or messaging.

The employee is obliged to respond to the employer also during the absence.

Can the employer issue a warning to the employee during sick leave?

Yes. The employer can take disciplinary actions and have managerial discussions with the employee also during sick leave. The employee is obliged to attend such a meeting.

If the employee is continuously absent, can the employer terminate the employment?

Illness, injury or accident cannot be a reason for termination, unless it has reduced the employee’s capacity for work substantially or for such a long time that the employer cannot reasonably be expected to continue the employment. Generally, the employee should have been continuously absent for roughly one year before the employer can consider potential termination.

Termination due to reduced capacity for work typically requires prior actions together with the occupational healthcare professional, including e.g. work capacity assessment and assessment on possibilities to transfer the employee to another role.

Please note that a more comprehensive case-by-case assessment is often needed as the details of an individual case might impact on the potential actions to be taken. Should you need any support with these topics, please do not hesitate to contact our professionals.

Elisa Lintunen - Profile Image

Elisa Lintunen

Legal Business Partner | Head of Employment

Would you like to hear more?

Let’s discuss what we can do for your business.