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Sick leave is a delicate situation in the employment relationship, and employees often underestimate the obligations they must respect. Simply sending the medical certificate to the INPS (National Institute for Social Security) does not fulfill all the worker’s duties. Failure to comply can lead to serious disciplinary consequences, up to dismissal for just cause.
Let’s see what obligations employees have during sick leave and what can happen if they fail to meet them.
📝 Sending the Medical Certificate and Verifying Transmission
The first obligation of an employee on sick leave is to contact their attending physician to prepare and send the medical certificate electronically to the INPS, as required by Art. 1, paragraph 149, Law 311/2004.
However, it’s not enough to simply rely on the doctor: the employee must personally verify that the transmission has been completed correctly. Requesting the transmission protocol number from the doctor is a good practice to avoid problems.
In case of failed transmission and unjustified absence, disciplinary dismissal is fully legitimate (Cass. 15226/2016).
📞 Communicating the Absence to the Employer
In addition to the medical certification, the employee must promptly inform their employer about the absence, following the methods and timeframes set by the applicable Collective Labor Agreement (CCNL).
Some collective agreements require notification before the start of the shift, while others require it within two hours of the start of the workday.
Failure to communicate constitutes unjustified absence and can lead to dismissal, regardless of the actual existence of illness (Cass. 13904/2020; Cass. 26465/2017).
🏠 Availability During the Scheduled Hours for Medical Check-Ups
During sick leave, the employee must be available for home visits during the hours set by law (Art. 5, Law 638/1983).
Unjustified absence during the medical check constitutes a serious breach towards both the INPS and the employer. Employees can avoid sanctions only by proving a reasonable impediment that justifies their absence (Cass. 24681/2016; Cass. 19668/2019).
Thus, merely proving one’s illness is not enough; it’s necessary to demonstrate the unavoidable need to leave home.
🚫 Prohibition of Activities Incompatible with the Illness
Another fundamental obligation during sick leave is to refrain from activities that could compromise recovery.
Being on sick leave does not mean that the employee must refrain from all activities, but these must be compatible with the recovery of health.
Dismissal for just cause is legitimate if the employee engages in activities incompatible with their condition, even if there is no evidence of faking illness (Cass. 23852/2024).
During sick leave, the employee must avoid activities that could hinder recovery or worsen their condition.
Simply being ill does not automatically prohibit every activity. It is necessary to assess whether the activities undertaken are actually compatible with the recovery process and with a prompt return to work.
Recent case law has confirmed that dismissal for just cause is legitimate if the employee engages in activities likely to compromise recovery. It is not necessary to prove that the illness was faked; it is enough to show the incompatibility between the health condition and the activities carried out (Cass. 23852/2024).
Examples of legitimate dismissals:
These behaviors hinder recovery, prolong the absence, and compromise the trust relationship with the employer. For example:
- Playing a football match during sick leave (Cass. 23852/2024)
- Working as a kickboxing instructor while having an arm injury (Cass. 5002/2024)
- Loading and unloading construction materials with an ankle injury (Cass. 12994/2023)
- Reckless motorcycle riding leading to fractures (Cass. 29280/2022)
🔍 Conclusions
During sick leave, the employee has several obligations:
- Contact the doctor and verify the transmission of the certificate to the INPS
- Promptly communicate the absence to the employer
- Respect the scheduled hours of availability for medical check-ups
- Refrain from behaviors incompatible with their health condition
Failure to comply with these obligations may justify disciplinary sanctions, up to dismissal for just cause. Proper management of sick leave protects not only the worker but also the employer and the proper functioning of the company.
Would you also like me to polish this a little more depending on your intended use (e.g., formal document, internal company policy, blog article)? 🚀
