Public workers have the right to have and enjoy four annual days of absence due to illness, which do not give rise to Temporary Disability, and may be three consecutive, without generating any discount on the employee’s payroll, as recognized by the National Court in a judgment of 12 September 2018.
The rapporteur, Judge Gallo Llanos, rejects what was alleged by the lawyer for the defendant public companies, who argued that section Three of additional provision 54 of Law 6/2018 on General State Budgets establishes that “due to the different Public Administrations must regulate the form of justification for absences due to illness or that give rise to temporary disability, by requiring the corresponding leave or supporting documentation, as appropriate, from the first day of absence.
current standards
The magistrate considers that this rule refers to temporary disability benefits, not to the salary perceptions claimed and recalls that the Thirty-eighth additional provision of the Budget Law of 2013, which is in force, regulates the discount in the payroll of employees public for absence from work due to illness or accident that does not give rise to a situation of temporary disability. In this normative text it is indicated that the absence due to illness or accident that does not give rise to a situation of temporary disability, by the staff, will entail the application of the payroll discount provided for the situation of temporary disability, in the terms and conditions established for their personnel by each of the Public Administrations.
Thus, in the case of the State Administration, public law bodies and entities dependent on it and constitutional bodies, the discount will be applied when the number of days of absence due to illness or accident in the calendar year does not exceed the figure established by Order of the Ministry of Finance.
In Order HAP/2802/2012, of December 28, which is developed for the State Administration and public law bodies and entities dependent on it, currently in force, it is established in article 3, that ” The payroll discount regulated in the previous article will not apply to four days of absences throughout the calendar year, of which only three may take place on consecutive days, as long as they are caused by illness or accident, and do not give rise to to temporary disability”. This will require justification of the absence in the terms established in the regulatory standards of the day and the schedule of application in each area.
Facebook Comments
Disqus