Luci e ombre del contributo della giurisprudenza all’evoluzione del rapporto tra malattia (cronica) e lavoro

Abstract

IThis paper critically examines the evolving relationship between chronic illness and employment, highlighting the tensions with traditional legal categories used to frame work incapacity. After outlining a possible legal definition of chronic illness—still lacking a comprehensive framework—the analysis focuses on two key areas: the suspension of the employment contract in cases of temporary incapacity, with particular reference to sick leave, job-retention mechanisms, and the recent provisions of Law No. 106 of 18 July 2025; and the impact of partial incapacity on job tasks, working time, and workplace arrangements. Drawing on recent case law, the paper reconstructs the consolidated approach that qualifies many chronic conditions as disabilities under Directive 2000/78/EC, thereby extending the employer’s duties regarding reasonable accommodation. However, it also highlights the limits of this assimilation, questioning the automatic link between extended sick leave and accommodation, and underlining the persisting shortcomings in adapting working time and remote work arrangements. The paper calls for moving beyond a merely anti-discrimination approach towards a more structural and preventive paradigm, grounded in the employer’s health and safety obligations under Article 2087 of the Italian Civil Code and in the role of collective bargaining as a driver of inclusive organizational innovation.