You can, but only under strict conditions. The Czech Labour Code permits notice of termination if, during the first 14 calendar days of sick leave, an employee commits a particularly gross breach of the obligation to remain at their place of residence or comply with permitted outing times; the courts also require fault. Absence during a check does not necessarily mean that a breach has occurred. The employee must inform you of the reason for their absence no later than the working day after the check or after the day on which they learned of it. Instead of giving notice, you may reduce or withhold wage compensation, but you cannot impose both sanctions for the same breach.
A company in Czechia suspects that an employee on sick leave is not actually ill and sends someone to check whether they are at home. No one answers the door at the address. The Czech Labour Code (Act No. 262/2006 Sb.) permits notice of termination on such grounds, but only for a breach during the first 14 days of sick leave and only if the breach is particularly gross. If you establish the breach through your own check, that check must comply with the law.
What an employee must comply with during sick leave
An employee has the following specific obligations towards the employer:
The following quotation is reproduced in its original language:
Zaměstnanci jsou v době prvních 14 kalendářních dnů trvání dočasné pracovní neschopnosti povinni dodržovat stanovený režim dočasně práce neschopného pojištěnce, pokud jde o povinnost zdržovat se v době dočasné pracovní neschopnosti v místě pobytu a dodržovat dobu a rozsah povolených vycházek podle zákona o nemocenském pojištění.
This therefore concerns only two things. The employee must remain at the address they gave their doctor and comply with the permitted outings authorised by the doctor. The doctor may permit outings for a maximum of 6 hours a day between the hours of 7 and 19 and must specify the particular time slots (Section 56(2), letter b), and paragraph 6 of Act No. 187/2006 Sb. on Sickness Insurance). Exceptionally, with the consent of the sickness insurance authority, the doctor may allow the employee to choose their own outing times. If you did not find the employee at home during permitted outing times, no breach occurred. In its judgment of 15. 10. 2015, case no. 21 Cdo 5126/2014, the Supreme Court of the Czech Republic stated that notice of termination is possible only for a culpable, particularly gross breach, and that it cannot be given because the employee failed to label the doorbell or letterbox so that the person conducting the check could find them. This ground for termination applies only to the first 14 days of sick leave. You may ask the sickness insurance authority to check compliance with the sick-leave rules in the later period (Section 65(2), letter a), of Act No. 187/2006 Sb.). You may conduct checks yourself after day 14 only if the employee continues to be entitled to assessable income during sick leave (Section 65(2), letter c)).
How the check must be conducted
If a check establishes a breach, the employer must draw up a written record setting out the facts constituting the breach and deliver a copy to the employee, the territorial social security administration responsible for their place of residence and their treating doctor. The employer may ask the doctor what rules were prescribed for the employee and for the doctor’s assessment of the breach identified (Section 192(6)). In its judgment of 29. 9. 2020, case no. 21 Cdo 4368/2018, the Supreme Court of the Czech Republic emphasised that the record and its delivery are integral parts of the check. Without them, the check does not comply with the law, the employee’s conduct identified through that procedure cannot be treated as a breach of the sick-leave rules, and a reduction in wage compensation based on it is invalid. The employee must also inform you of the reason for their absence no later than the working day following the check or following the day on which they learned of it (Section 64(1), letter f), of Act No. 187/2006 Sb.). A visit to the doctor, for example, may provide a valid explanation.
Notice of termination or a reduction in wage compensation
For a particularly gross breach, you may give notice of termination under Section 52, letter h). The notice must be in writing, and the factual grounds must be specified so that they cannot be confused with any other grounds (Section 50, paragraphs 1 and 4). The time limit is short. Notice must be given within 1 month of the day on which you learned of the breach, and no later than 1 year after the breach. If the matter becomes the subject of an investigation by another authority during that month, notice may still be given within 1 month of the day on which you learned of the outcome (Section 57). The notice period is at least 1 month (Section 51(2), letter a), of Act No. 262/2006 Sb.). The protected period during sick leave does not prevent this notice of termination, but this exception does not apply to a pregnant employee or employees on maternity, paternity or parental leave (Section 54, letter d)).
If the breach is not particularly gross, or if you decide against giving notice, you may reduce or withhold wage compensation for the first 14 days of sick leave, taking account of the seriousness of the breach (Section 192(5)). However, you cannot impose both sanctions for the same breach. According to judgment 21 Cdo 4368/2018, the action taken first is valid and the later action is invalid. According to the same judgment, when assessing seriousness for this purpose, the court considers, for example, the degree of fault, the manner and severity of the breach, the employee’s previous approach to their obligations and the consequences for the employer.
In Slovakia
The Slovak Labour Code (Act No. 311/2001 Z. z.) does not provide a separate ground for notice of termination for breaching the prescribed treatment regime. An employer may check whether an employee is staying at the designated place during sick leave, but may conduct a check inside the employee’s home only with their consent (Section 9(4) of Act No. 462/2003 Z. z.). An employee who is absent from that place without the doctor’s consent is not entitled to income compensation from the day this is discovered (Section 5(1), letter d)).
We will assess the record and other supporting materials to determine whether the findings of the check justify notice of termination. We will prepare the notice of termination or the documentation for reducing wage compensation as part of our termination of employment service. If problems with the employee recur, we will establish a procedure as part of our managing a problematic employee service. The question on giving notice to an employee on long-term sick leave explains the rules applicable to prolonged sick leave.
This answer provides general information on the law as at 3 October 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.
