Illness

An employee whose illness has been confirmed by a medical certificate has six months to recover. During this period, the employee cannot be dismissed, although the employment contract is suspended. If they return to work before or at the end of the six months, they will receive compensation rather than their full pay.

This compensation is paid as follows:

a) During the first year of employment: compensation equal to the amount of their remuneration for a period equal to the notice period.

b) After the first year of service: compensation equal to half the amount of their remuneration for a period of one month following the period of full-pay compensation.

NB: In the case of occupational illnesses, daily allowances will be paid to the employee by the National Social Security Institute until the employee has recovered.

Dismissing a sick employee

In principle, illness suspends the employment contract but does not terminate it. However, where the illness lasts for more than six months, the employer may replace the sick employee and proceed with their dismissal under the same conditions as for an ordinary dismissal. Furthermore, where illness renders the employee unfit to carry out their duties, they may be redeployed or, failing that, dismissed.

What should be done if an employee is absent and returns from sick leave late, or extends their sick leave without authorisation from their treating doctor?

This constitutes misconduct in both cases. The first instance of misconduct – arriving late – may result in disciplinary action, whilst the unjustified extension of sick leave may constitute serious grounds for dismissal.

Jargon

Occupational illnesses

These are illnesses contracted at work where there is a clear causal link between the job and the illness.

INFORMATION: Some employers guarantee full pay beyond six months to employees with AIDS or terminal cancer until the end of their lives, purely out of humanitarian considerations.