The Court of appeal of Milan, with judgement No. 890 dated 6 April 2017, ruled once again on the maximum number of sickness absence days whenever it is expressed in months and the CCNL (Collective bargaining agreement) of the sector in question does not specifically govern the calculation procedure. In the specific case, a worker appealed the dismissal ordered to her on the assumption that pursuant to the Confapi CCNL the 18 months of sickness absence days had to be calculated on the basis of calendar days. The Judges, by referring to previous case law, clarified instead that “the calculation system must be only one and be consistent and uniform. To this end, the factor must always be 30, also if the absences occurred during months shorter or longer than 30 days”. Therefore, in the case in hand, the 18 months of the sickness absence days established by the CCNL of the sector must always and in any case be equal to 540 days.
