Article: Working on a medical certificate: Risks and consequences?
According to the law, termination of the employment contract in the above situation cannot take place if the employee comes to work due to the cessation of the cause of absence. However, this rule does not apply if the employee is still unable to work due to a long-term illness and comes to work to break the continuity of the period entitling the employer to terminate the employment contract. Furthermore, the restoration of the employee's ability to work must relate to work for which he or she was previously declared unable to perform, and not to another job, or the same one, but under different conditions.
In summary, if the employer has doubts about compliance with the sick leave or the nature of the illegal use of sick leave, as a taxpayer, the employer has the right to request an inspection of the proper use. of sick leave from the Social Insurance Fund.
