The Eastern High Court found that a termination letter sent to
an employee on the 120th day of illness, but after the end of the
employee's normal working hours, complied with the 120-day
rule.
An employer may agree with a salaried employee that termination
can take place with one month's notice to the end of a month if
the salaried employee has received pay during illness for 120 days
within the last 12 consecutive months, provided that the
termination is effected in immediate connection with the expiry of
the 120 sick days and while the salaried employee is still ill.
In this case, the Eastern High Court had to decide whether a
termination letter sent by mail on a salaried employee's 120th
day of illness, but after the end of the normal working hours,
fulfilled the requirement of the 120-day rule that the employee
must have been ill for 120 days at the time of termination.
