An employee worked on-call at a care home. Her employment was based on several fixed-term employment contracts. However, during her employment, she fell ill with coronavirus and was on long-term sick leave. After extending her fixed-term contract once during her sick leave, the company chose not to extend it again when her sick leave continued.
The Norwegian Equality and Anti-Discrimination Tribunal considered that the reason for not extending the contract again was discrimination due to her disability. It noted that while coronavirus usually results in temporary sick leave, it can also lead to long-term health issues. That was the case for the employee. Her sickness was categorised as “long COVID”, and she participated in rehabilitation. The Tribunal emphasised that it was irrelevant whether the company was aware of those circumstances or not.
iuno’s opinion
This case highlights the importance of carefully assessing longer periods of sick leave. Companies can mitigate the risk of discrimination by being proactive. Being unaware of the circumstances does not remove liability. If an employee has a disability, companies may be required to make reasonable accommodations.
iuno recommends that companies establish clear rules for assessing individual situations, documenting the steps taken, and considering relevant accommodations. That includes establishing routines with the safety representatives and actively participating in dialogue meetings. We have previously written about termination during sick leave here.
[The Norwegian Anti-Discrimination Tribunal’s decision of 16 October 2025 in case 2024/51]