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Labor is not the same medical discharge discharged from hospital within the meaning of paid leave for the hospitalization of a family

The health entitles the family to use paid leave by hospitalization of a family is crucial in this type of license, which means that if you encounter the discharge from hospital before it is consumed every day of the permit, his relatives are not entitled to continue receiving the license and must return to work. On the contrary, if it does the discharge but the patient should continue to recover at home, then the worker himself may time out of your permit (Sent. National Court of 02.04.1911).

• National Court has clarified the difference between discharge and discharge for the purposes of family leave hospital when deciding on the different interpretations that made this leave the company and the workers of a company in the oil sector. The workers claimed that workers who enjoyed this license may continue to do so if the relative was discharged from hospital before they exhausted the expected duration of the permit, regardless of the state outside health of that family at that time, while the company had a different interpretation.

• It was claimed the company that the fact that someone is admitted to a hospital and justified the severity of their illness in order to leave, but at the time of the discharge would fit two options: that this person had to continue resting at home (for what is meant to continue the gravity of the situation justifying the permit), or in addition to discharge that person had received a medical discharge is ie, they no longer need the support and care worker, so it was back to work.

• and audience clearly positioned the company for , even making him an example it wielded during the trial: If a person comes to the hospital for him practice laparoscopic surgery (minimally invasive type of surgery, which requires only small incisions patient practice) and, after this, the patient was discharged from hospital and even rejoined their work, what it is, then the worker can continue to enjoy paid days off, while his family is healed, and even working?

• The statement recalled that this type of permit may not be intended to "leisure, travel or business of the worker" , as this would be a "fraud or abuse of right, worthy of reproach business "and behave " a manifest unjust enrichment of the workers, who continue to enjoy paid leave as a cause would be gone " .

• Therefore, in short, states that after discharge of his family, the worker may continue to use the paid leave if it persists the severity of the disease (which must certify, for example , with proof of discharge indicating resting at home or submitting to the company confirming the parties on medical leave), but must terminate the permit and return to work if your family has received a medical discharge and, Accordingly, and is reset and does not require care and attention. source: asesoriza.com