Italy Update: After a long illness, the worker must return to work even if he has not undergone the fitness examination

Civil Cassation, labour section, 12 October 2022, n. 29756

Art. 41 of Legislative Decree 81/2008 does not authorize the worker absent due to illness beyond sixty continuous days to remain waiting for the employer’s initiative aimed at carrying out the medical examination of suitability.

It is, in fact, the duty of the worker, once the state of illness has ceased, to present himself on duty, since the employer, while waiting for the medical examination, can arrange a possible and provisional placement of the employee different from that covered before the absence.

Only in the event that the employer intends to assign the employee to the same tasks carried out before the beginning of the absence, failing to carry out in advance the medical examination required by law, the same can legitimately abstain from the service pursuant to art. 1460 c.c.

By Quorum, Italy, a Transatlantic Law International Affiliated Firm. 

For further information or for any assistance please contact italy@transatlanticlaw.com

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