Whenever we take the Medical leave in the workplace we ask ourselves the question of whether they can say goodbye. Well, the Workers Statute protects employees In this area, but there is Exceptions in which they can fire us even in a temporary disability.
What does the statute of workers say in these cases
The statute of workers, In article 52.d), published in the BOE, explains that until 2020 the employee could be dismissed for not attending work, even justified by a medical leave, but fEU repealed to the point where the possibility of dismissing legally was eliminated to an employee for being from absence for medical leave.
Yolanda Diaz, Labor Minister
Can you say goodbye if I'm on a medical leave?
It must be made clear that Medical leave can never be the direct reason for dismissalas confirmed by the courts in various sentences. Also, during the medical leave Yes, the contract can be extinguished if any of the following reasons are given:
-Spost target Due to economic, technical, organizational or production reasons.
-Spost disciplinary: If serious offenses of indiscipline, decrease in performance or the like.
-Enptitude in which the employee when hired has a medical problem with which he cannot do his function and cannot be relocated to employment.
-Central company: You can throw all employees until you are on a medical leave.
In the same way, everything must detail in the dismissal letter, Never referring to the medical leave as the main causesince, if that case occurs, the courts could give the Dismissal as voidhaving the company to readmit to the worker, registering again in Social Security and paying the salary not perceived from his dismissal.
