DID YOU KNOW THAT… the application of the same protected period of absence due to sickness for employees with disabilities as for non-disabled workers can constitute a form of discrimination?

The Italian Supreme Court, with decision no. 170 dated January 7, 2025, was called to rule on the legitimacy of the dismissal of a disabled employee for exceeding the protected period. 

Specifically, a disabled employee challenged the ruling of the Court of Appeal, which had determined that applying the same protected period for both non-disabled and disabled workers did not constitute indirect discrimination. 

In this case, the Supreme Court stated that the employer, although fully aware of the employee’s disability, proceeded with the dismissal for exceeding the absence period, applying the same criteria used for non-disabled workers, without investigating whether the absences were related to the employee’s specific condition. 

Ultimately, the Supreme Court deemed the objections raised by the employee to be well-founded, upheld the appeal, and rejected the contested ruling. 

Moreover, the Court offered an interesting point of reflection, emphasizing “the need for collective bargaining agreements to explicitly address the issue of absence periods for disabled workers, taking into account their specific conditions, as merely considering absences due to certain illnesses or of a certain severity is not sufficient”. 

Other related insights: 

• WORK AND DISABLED PERSONS: EXTRAORDINARY LEAVE