Find out how to avoid formal errors and defend yourself against disciplinary sanctions.
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Under Italian labor law, illness is a legitimate reason for employee absence, but only if managed correctly. Timely communication, valid medical certification, and compliance with availability hours are essential conditions for maintaining entitlement to benefits and avoiding disciplinary sanctions. In this article, we analyze what employees can (and cannot) do while on sick leave, which behaviors are considered unlawful, and how to defend oneself in case of disciplinary action. A practical guide to avoiding formal mistakes and protecting your rights.
When an employee is absent due to illness, they are entitled to a substitute allowance in place of their regular salary, as provided for by Italian Legislative Decree No. 151/2001. The sick leave period is intended for the psychophysical recovery of the employee, who is expected to follow the physician’s instructions, resting and receiving proper care.
However, to avoid losing the allowance and prevent disciplinary action, the employee must fulfill the following essential obligations:
In practice, managing illness is often more complex. For example, what happens if the employee cannot immediately obtain the medical certificate? In such cases, the first days of absence may not be recognized. Some physicians, if they consider the patient’s claim to be medically credible, may backdate the illness start date to the day prior to the visit. Otherwise, the employee must justify the delay with additional documentation, such as an emergency room report.
Another issue arises when illness extends beyond the initial prognosis. In this case, a new medical certificate is required. If the physician fails to submit it promptly, this may create an administrative gap that interrupts INPS coverage and may result in sanctions.
Lastly, if the employee feels recovered before the end of the certified period and returns to work without an updated certificate, the employer may legitimately refuse to allow the return. Early reinstatement is only permitted after the certificate has been revised accordingly.
These examples show that managing illness requires attention and awareness. But what happens if the employee is found away from home during sick leave?
In addition to notifying the employer and providing medical certification, the employee must remain available at the declared address during the designated hours for medical check-ups. If illness occurs while the employee is traveling or on vacation, the alternative address must be communicated to both INPS and the employer immediately.
This is not a mere formality: it is a duty to cooperate with oversight bodies such as the employer or INPS. The employee is expected to facilitate medical inspections—failing to do so may result in loss of benefits and disciplinary measures.
Being unavailable during the visit, failing to communicate a change of address, or refusing a medical examination are serious violations, not simple oversights, and may compromise both financial entitlements and trust in the employment relationship.
For more on this topic, we recommend reading: Medical check-ups and the obligation to be available: what happens if the employee is not at home.
Being on sick leave does not necessarily mean staying in bed all day—but neither does it grant unlimited freedom. The employee’s behavior, even outside of availability hours, must be consistent with their declared health condition.
According to established Italian Supreme Court case law (e.g., Cass. civ., Labor Section, No. 21667/2017; Cass. civ., Order No. 26496/2018), an employee on sick leave must not:
For instance:
However, there are exceptions. In the recent ruling No. 30722/2024, the Court ruled in favor of a worker suffering from anxiety, who was seen singing in a piano bar. The Court held that such activity did not hinder recovery and might even promote mental well-being.
The guiding principle is that each case must be assessed individually, considering the illness and the employee’s actual job duties. Even outside availability hours, behavior must be compatible with the diagnosed condition.
In cases of suspicion, employers may hire private investigators. Their findings—so-called defensive checks—can be used to initiate disciplinary proceedings, including dismissal.
Poor management of sick leave can result in anything from warnings to termination for cause. Common violations include:
The first step is to carefully analyze the disciplinary notice. Every word matters: the employer must clearly state the alleged facts and the violated rules. A superficial reading may undermine the employee’s ability to defend themselves.
Next, the validity of the accusations must be verified:
If the employee is accused of incompatible activity, does it actually jeopardize recovery or returning to work?
At this stage, it’s essential to gather all supporting documents, as emails, receipts, updated medical records, communications with the doctor or employer—everything that demonstrates good faith and the absence of intentional wrongdoing or negligence.
Additionally, attention must be paid to deadlines: the employee generally has five days to respond (per Article 7 of the Italian Workers’ Statute). A well-structured, clear, and well-documented defense can make the difference between a simple warning and a dismissal.
This is why the support of a labor law attorney is highly recommended. Every disciplinary dispute should be handled with care. Rash or incomplete replies may result in serious consequences.
For further insight into what tools employers have to manage unjustified absences—and the impact these may have on employees—see our article: New “automatic resignation” procedures for unjustified absences.
