Introduction
This topic covers how the ability to work is judged when a person is ill: what working capacity and incapacity are, how temporary incapacity is certified (sick leave), who may grant how many days, the legal role of the Expert Decision, and the indicators used to measure temporary disability.
Working capacity and incapacity
Working capacity is the state that allows a person to accomplish his working obligations. Working incapacity is the state of not being able to work because of different reasons: illness, trauma, or working conditions that increase the risk of becoming ill (or of worse health).
- By duration it is temporary or permanent.
- By degree of lost working capacity it is complete or partial.
- Complete: the person cannot work at all and needs a special regimen.
- Partial: the person cannot work as before and needs alleviating working conditions, e.g. a healthy person who needs treatment at home, is pregnant, or looks after an ill family member.
- Permanent incapacity: defined as a percentage of lost ability for work compared with the abilities of the healthy person; the person cannot work for a long period of time.
- Temporary incapacity: the person is unable to work for a certain period and is expected to recover fully and work normally in time.