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Faking illness: How Italian courts assess employer controls on sick leave
11/11/2021
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Authors
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Marcello Floris
Marcello Floris is a partner and co-head of Eversheds Sutherland’s employment and pensions practice in Italy
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Valentina Pomares
Valentina Pomares is an executive partner and co-head of Eversheds Sutherland’s employment and pensions practice in Italy

 

If an employee often requests sick leave at the weekend, or in the vicinity of holidays or leave, their employer may suspect the worker is faking their illness. In such cases, what can an employer do? As a general rule, Article 5 of the Workers’ Statute prohibits the employer from carrying out checks on the employee’s illness and injury, with the power to check absences only through the competent social security institutions.