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If the medical certificate for illness arrives late, do I risk summary dismissal for just cause? Our 2019-2021 National Collective Labor Agreement for Healthcare states that absence due to illness, unless there is proven impediment, must be communicated to the relevant facility promptly and in any case at the start of the working hours on the day it occurs, even in the case of a possible continuation of the absence (Art 56 new National Collective Labor Agreement 2019-2021, paragraph 13), under penalty of disciplinary action.
The professional must notify their employer (in the manner indicated in the collective agreement) and at the same time must, as soon as possible, undergo a medical examination so that the family doctor can send the relevant certificate to INPS electronically.
What if the certificate arrives late?
On this matter, the Court of Cassation with ruling no. 33134/2022 ruled on a medical certificate sent on the eighth day.
According to the Court of Cassation, when the certificate is sent, even with considerable delay, it falls under disciplinary warning and not dismissal, which would be unlawful.
To sum up, for the Court of Cassation, delivering the medical certificate for illness late is not considered unjustified absence if the illness lasted for seven consecutive days, but a late justification of the absence, which would result in a disciplinary sanction, but not dismissal.
Let us remember that the worker is responsible for the personal data reported in the certificate, therefore to avoid sanctions or aggravations, we recommendchecking with the utmost care the accuracy of the data, in particular residence or any domicile.
With circular of March 18, 2011, no. 4 of the Ministry of Labor and Social Policies and the Department of Public Administration, the professional can expressly request from the doctor a paper copy of the certificate and the illness statement or, alternatively, the sending of the documents in pdf format to their email inbox, PEC (art 7, paragraph 1 bis, decree-law October 18, 2012, no. 179, converted with amendments into law December 17, 2012, no. 221).
The certificate and/or illness statement is also visible through INPS services, by logging in via SPID.
