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Assenze per Malattia: Cosa Devi Sapere per Proteggere il Tuo Lavoro e la Tua Salute

2025-06-15 07:08

Vincenzo

CCNL SANITA', malattia, assenza, grave-patologia, comporto, 18-mesi, terapie-salva-vita,

Assenze per Malattia: Cosa Devi Sapere per Proteggere il Tuo Lavoro e la Tua Salute

Il dipendente non in prova, assente per malattia...

In the fast-paced world of healthcare, workers often put the well-being of others before their own. But what happens when they get sick? Article 56 of the National Collective Labor Agreement for the Healthcare Sector 2019-2021 is a fundamental compass that guides healthcare personnel through the complex maze of absences due to illness.

The period of comporto

You are entitled to keep your job for up to 18 months, calculated over the last three years preceding your last absence. And if the situation becomes particularly critical? You can request up to an additional 18 months of unpaid leave, ensuring an extended recovery period.

What Happens to Your Salary During Absence?

  • First 9 months: You will receive your full fixed monthly salary (without accessory compensation).

  • Next 3 months: The salary drops to 90%.

  • Last 6 months: You will receive 50% of your salary.

If, at the end of these periods, you are deemed fit to work but not in your usual duties, the Company will proceed according to the rules established by D.P.R. 171 of 2011, seeking a compatible solution. In case of permanent and absolute unfitness, the employment relationship will be terminated with notice indemnity. The Company has the right to check your psychophysical fitness even before the expected deadlines.

If you are temporarily unfit to perform your duties, article 59 comes into play, which regulates the change of profile for psycho-physical unfitness.

Periods of day hospital, home hospitalization, and other similar therapies are considered equivalent to hospital admission.

During illness, there are some rules you must follow:

  • Prompt communication, you must immediately inform your employer of your absence.

  • Availability time slots: Even on holidays, you must be available from 10 to 12 and from 17 to 19.

  • Medical visits: The certificate must be submitted within the required time and the company may request home checks.

If you need to leave during the availability time slots for medical or other justified reasons, it is mandatory to inform the company.

For serious illnesses requiring life-saving therapies (art 57) such as chemotherapy or hemodialysis, days of hospitalization, day hospital, and convalescence are not counted for the purposes of the comporto period. During these days, you are entitled to full economic treatment. Also considered are days of absence due to the side effects of the aforementioned therapies, resulting in work incapacity.

If the Medical Certificate Arrives Late, Do You Risk Dismissal?

No, not exactly. The Court of Cassation has ruled on the matter with judgment no. 33134/2022, clarifying that a delay in sending the medical certificate may result in a disciplinary warning, but not immediate dismissal. However, it is essential that the certificate is sent as soon as possible to avoid complications (Art 56 new CCNL 2019-2021, paragraph 13), even in case of continued absence.

Remember to carefully check the data reported in the medical certificate, especially address and domicile, to avoid penalties. If you have doubts, you can always consult the certificate through INPS services by logging in with SPID.

By following these rules, you can face absences due to illness with peace of mind, aware of your rights and duties, keeping your job safe while taking care of your health.

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