In contrast to the ruling of the Constitutional Court that we mentioned in our previous link, the Royal Decree-Law that repeals article 52. d’ of the Workers' Statute that allows employers to objectively dismiss a worker for accumulating absences even if they are justified, the past came into force 19 February, through the Royal Decree-Law 4/2020 of 18-02.
Yet, It is still possible to fire a worker while on leave due to temporary disability or upon returning from leave.. This dismissal will be declared unfair, but not null (unless the indications established by the Court of Justice of the European Union are met, TWENTY: long term equivalent to disability).
Conclusion
If a company wants to dismiss a worker starting tomorrow for the reasons that until now covered objective dismissal due to absenteeism (safe from exceptions: maternity, reduction of working hours...), will quantify the dismissal based on 33 days or 45 days per year worked (depending on the date the worker joined the company) and not about the 20 days per year which was the compensation that had to be paid in objective dismissals due to absenteeism.
