End of Sick Leave, Inps and Inail clarify maximum duration

Saying Goodbye to Absences Due to Illness or Injury

It is the right of the worker to be absent due to illness for as long as the doctor deems necessary for recovery, as indicated on the medical certificate.
The same applies in the case of a workplace injury (or occupational illness), although there is a significant difference between the two scenarios: if in the first case it is the National Social Security Institute (INPS) that covers the so-called sickness benefit, ensuring that the worker receives a salary even during the absence period, in the second case, the cost of the compensation falls on the National Institute for Insurance against Accidents at Work (INAIL).

However, it is important to know that there comes a time when one must say “goodbye” to absences due to illness.
The regulations of the INPS and INAIL clarify what is the maximum time limit that cannot be exceeded, as well as the threshold beyond which the company is authorized to terminate the employment relationship.

Usually, during sick leave, the worker is entitled to job security; however, after a certain number of days, not only is no benefit payable, but the employer is even authorized to terminate the contract.

So when is the time to bid farewell to absences due to illness or injury? Here’s what is specified by the INPS and INAIL in their respective regulations.

Saying Goodbye to Absences Due to Illness

As mentioned earlier, during periods of sick leave, the employee is entitled to a sickness benefit paid by the INPS, which amounts to:
– 50% of the average daily wage from the fourth to the twentieth day;
– 66.66% from the twenty-first to the one hundred eightieth day.

It is up to the collective agreements to define the amount of the benefit for the first 3 days of illness, for which the employers are responsible.
Similarly, it is always up to them to decide whether in the following days the companies should supplement the sickness benefit paid by the INPS to compensate for all or part of the loss of wages.

Regarding the duration of the sickness benefit, what has been mentioned above already provides an answer: no benefit is payable by the INPS beyond the 180th day.
This limit should be considered over a year: therefore, about 6 months of illness per year are compensable, after which nothing is due.

As for job security, the duration of the so-called observation period, i.e., the maximum period after which dismissal due to illness is not allowed, is always defined by collective agreements.
It should be noted, however, that in most cases, the duration of this period is the same as the one in which the INPS takes care of the related benefit, therefore 180 days per calendar year.
This limit applies to both continuous and fragmented absences during the year.

Saying Goodbye to Absences Due to Workplace Injuries

In the case of absences due to workplace injuries, it is the INAIL that intervenes to support the worker.
In detail, the INAIL covers a benefit equal to:
– 60% of the salary from the fourth to the ninetieth day of injury;
– 75% of the salary from the ninety-first day until the worker’s full recovery.

Unlike the sickness benefit, there is no limit to the period beyond which the INAIL stops paying the worker, as workplace injuries are compensated until full recovery.

Regarding job security, however, the treatment is similar to that provided for illness, as confirmed by the Cassation Court with ordinance no.
11136 of April 27, 2023.

With this ruling, in fact, the Supreme Court reiterated that absences of employees caused by occupational illness or workplace injury are still classified under the broader definition of injury or illness as defined by Article 2110 of the Civil Code.
For this reason, these are also considered for the quantification of the observation period.

Therefore, even an injury that lasts more than 180 days can lead to dismissal: even if this limit were to be exceeded by adding up absences due to illness and injury, the employer would be justified in unilaterally terminating the employment relationship.

The only case in which the injury (or occupational illness) is not considered in the observation period is when the employer is responsible for the event, a situation that is not identifiable if the adoption of safety regulations in the workplace can be proven.