Employee's Right to Reports: The Impact of Medical Reports on Termination

1. Employee Rights and Employer Obligations

The employee's right to health and rest is constitutionally guaranteed and further supported under the Labor Law No. 4857 and the Social Insurance and General Health Insurance Law No. 5510. Employees have the right to take medical report due to health reasons. Being on medical report signifies that the employee is absent from work for justifiable reasons. There are no legal restrictions on the duration of medical report. However, if the duration of leave extends or the frequency increases to a level that negatively impacts the employee's ability to perform their duties and disrupts the regular functioning of the workplace, the employer may have the right to terminate the employment contract for valid or just cause under Labor Law No. 4857.

The authority to issue medical reports changes as the duration of leave increases. This process can be summarized as follows:

Medical Reports Issued by a Single Physician and Medical Board

• A single physician can grant a maximum of 10 days of medical report at one time.
• If a follow-up examination is specified in the report, the leave may be extended, provided the total does not exceed 20 days.
• Leave exceeding 20 days can only be issued by a medical board.
• For insured individuals under Article 4 of Law No. 5510, the total duration of outpatient treatment leave issued by a single physician within a calendar year cannot exceed 40 days.
• Medical report exceeding 40 days must be issued by a medical board.
• Workplace physicians authorized by the Ministry of Labor and Social Security can grant a maximum of 2 days of medical report at one time.

2. Rightful Termination of Employment by Employer Due to Prolonged Medical Report

Rightful termination allows the employer to terminate the employment contract immediately and without compensation. According to Article 25/I-(b) of Labor Law No. 4857, if the employee's medical report duration exceeds the statutory notice period plus six weeks due to illness, accident, maternity, or pregnancy, the employer may terminate the contract without notice on health grounds.

For example, if an employee with 3 years and 8 months of tenure at a workplace has an 8-week notice period, the employer gains the right for rightful termination of the contract if the employee takes a medical report for 14 weeks (8 weeks + 6 weeks). In this case, the employee would not be entitled to severance pay but would still be entitled to receive accrued seniority compensation.

3. Termination of the Contract with Valid Reason Due to the Employee Taking Frequent Medical Reports

Article 18 of Labor Law No. 4857 grants the employer the right to terminate the employment contract for valid reasons. The relevant provision states that termination must be based on "the employee's qualifications, behavior, or operational requirements of the workplace or the business." While valid reasons are illustrated in the Labor Law, circumstances not considered valid are also explicitly defined.

A valid termination occurs when continuing the employment relationship becomes challenging for the employer. In this context, valid reasons may arise from the employee's performance, behavior, or the operational needs of the workplace. When these situations disrupt the normal functioning of the workplace and make it unreasonable to expect the employer to maintain the employment relationship, they may qualify as valid reasons. However, valid reason does not encompass situations as severe as rightful termination.

Even if the duration of an employee's medical report does not exceed the statutory notice period plus six weeks, taking frequent medical reports may still justify termination for valid reasons. In such cases, the frequency and duration of medical reports and its impact on workplace operations must be evaluated to determine whether it creates disruptions. The burden of proof lies with the employer to demonstrate that taking medical reports frequently has adversely affected workplace efficiency. Factors such as the employee's role, the number and duration of medical reports, and their impact on productivity must be considered. These evaluations may vary depending on the specifics of each case.

For instance, the impact of frequent medical reports taken by a security officer working in shifts may differ significantly from that of a machinist among 30 machinists in a textile workshop. Therefore, decisions to terminate employment must consider the unique circumstances of each case.

For a termination to be deemed valid, it must occur within a reasonable time while the negative impact on the workplace persists. Terminations carried out long after the medical report period or after a prolonged delay in obtaining the employee's defense regarding the issue may be invalidated in court.

The employee has the right to challenge a valid termination by filing a lawsuit for reinstatement. If the court deems the termination invalid, the employee may be entitled to reinstatement compensation, back pay for the period of unemployment, and other associated rights.

Frequent medical report cases require employers to act within a reasonable timeframe and provide concrete evidence. These processes must be handled meticulously to avoid legal risks.

Conclusion

In conclusion, taking medical reports frequently is a multidimensional issue that requires careful balance between the interests of both employers and employees. Employers should focus on improving workplace health and safety conditions to minimize absenteeism, while employees should strive to meet employer expectations to maintain team harmony. Effective communication and collaboration are crucial in resolving challenges that may arise during this process. If termination becomes inevitable, close attention must be paid to the legal processes to mitigate potential future risks.

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