With the Zerolo law introduced in 2022, many workers wonder a pressing question: can an employer terminate someone who is on sick leave? This article explores that concern, examining the legal framework and the perspectives of experts on what happens when health matters intersect with employment rights.
What does Zerolo’s law say?
The law known as 15/2022, commonly called the Zerolo law, establishes clear protections against discrimination in the workplace. It states that employees cannot face discrimination due to illness or health conditions. Because of this, dismissing a worker while they are on leave may amount to discrimination and could be considered void in many situations.
Judicial decisions of 2023: Will discrimination always be a factor?
The key term is may. Even with the explicit protections, several 2023 decisions did not automatically deem a dismissal of sick employees null and void. The question remains: can a person be fired while on sick leave? While it is not mandatory to prove discrimination in every case, if the action is shown to be discriminatory in court, it can be deemed unfair. If not proven discriminatory, the dismissal may be judged unfair but not automatically invalid.
Expert comment: triple test
Prominent labor lawyer Alfredo Aspra recommends a three-part test to determine whether a dismissal on the grounds of illness is discriminatory. The test asks:
- Was the disability long-term?
- Did physical limitations prevent the employee from performing on equal terms with colleagues?
- Did the employer fail to implement reasonable accommodations before dismissal?
If all three conditions are met, a dismissal is likely discriminatory. Conversely, if the employer can refute these points, the dismissal may not be considered discriminatory.
What do other experts think about being fired while on sick leave?
Labor law professor Ana Belén Muñoz emphasizes the Zerolo law’s protections and notes that health conditions are now safeguarded against discrimination. Jonathan Gallego, director of legal services at a major workers’ rights organization, adds that every case is unique and will be evaluated on its own merits when assessing discrimination based on illness. A related case from September 2021 saw the High Court of Justice of Catalonia declare a dismissal invalid after evidence showed a pattern of terminating employees on medical leave.
These perspectives highlight that outcomes depend on specific circumstances, the employer’s actions, and the larger legal framework surrounding health and work.
In practice, employees and their representatives should understand that protection exists, but cases require careful examination of facts, timelines, and any steps taken to accommodate health needs. The Zerolo law aims to guard workers who face illness against unfair treatment while recognizing that a fair evaluation of each situation is essential.
Information and guidance are crucial for those considering whether a layoff could occur during sick leave. The Zerolo protections offer broad safeguards, yet each scenario remains distinct. Employee representatives play a vital role in upholding rights, especially in sensitive health-related situations.
Moreover, the Zerolo law extends beyond illness to address discrimination based on other factors such as body weight and other health-related attributes. It emphasizes that workers should not face inequality in the workplace due to health or related conditions, and the law seeks to ensure fair treatment for all employees.