Analysis of Judgment No. 2157 of 2025: Dismissal for Just Cause and Law 104 Leave

The recent judgment No. 2157 of January 30, 2025, issued by the Court of Cassation, has raised important questions regarding the use of leave provided by Law 104 of 1992, particularly that related to the care of disabled family members. This article will explore the key points of the judgment, analyzing the implications for employees and employers.

The Regulatory Context

Law 104 of 1992 is fundamental in Italy, as it recognizes and protects the rights of people with disabilities and their family members. In particular, Article 33 provides for paid leave for workers who assist a disabled family member. However, judgment No. 2157 clarifies that the use of this leave must be strictly linked to the care of the disabled family member.

The Ruling's Maxim

In general. The use of leave under art. 33 of law no. 104 of 1992 for activities other than the care of the disabled family member, such as to violate the purposes for which the benefit is granted and to break the causal link between absence from work and care for the person with a disability, is conduct capable of founding dismissal for just cause and ascertainable by the employer also through investigative agencies, to whom the task of verifying fraudulent conduct by the employee or conduct constituting criminal offenses can be assigned. (In application of the principle, the Supreme Court affirmed that the employer had legitimately used an investigative agency to verify the fraudulent use of leave, in this case systematically used by the employee for sports activities).

This maxim emphasizes the need for appropriate use of leave. Abuse of such leave, using it for purposes unrelated to care, can justify dismissal for just cause. The Court also ruled that employers can use investigative agencies to verify the correct use of such leave, an aspect that may raise ethical and legal questions.

Implications for Employees and Employers

The consequences of this judgment are significant:

• For employees, it is essential to use leave exclusively for purposes related to the care of the disabled family member, in order to avoid severe sanctions such as dismissal.
• Employers must be aware of their rights in monitoring the use of leave, but must also act with caution to avoid abuses by investigative agencies.
• It is important that both parties are informed about the rights and duties provided by current legislation and by the Court's judgments.

Conclusions

Judgment No. 2157 of 2025 represents an important legal precedent regarding leave for the care of disabled family members. It reiterates the need for correct and transparent use of such leave and clarifies the legal consequences in case of abuse. It is crucial that employees and employers understand the implications of this judgment to ensure a respectful and lawful work environment.