When ineptitude does not entail disability

This is one of the ongoing (and most incomprehensible) disputes that arise following temporary disability or sick leave.

After using up the maximum sick leave, an employee goes to the Disability Assessment Team of the National Social Security Institute (Instituto Nacional de la Seguridad Social or INSS) for an assessment of the possibility of returning to active service, and is not recognized as having any degree of permanent disability.

Having complied with his obligation to return to work, the employee is sent to the Healthcare Service of his employer for an assessment of his capacity to perform the functions specific to his job in connection with the occupational risks to which he is exposed and … what a surprise!  He is declared “inept” for his job.

Read more on Garrigues Labor and Employment Blog