Employment law
Malaga
A court in Spain has upheld the ruling of a mutual insurance company not to pay a teacher sick leave on the grounds that she had taken time off work "for cosmetic surgery".
The woman started her sick leave on 20 March 2023, the day before the operation, but three months later (28 June) the mutual insurance company refused her the benefit. Disagreeing with the decision, she took the case to court. Now, the High Court of Justice of Galicia has upheld the ruling of the court in Vigo, which had ruled in favour of the mutual insurance company.
Prior to the aesthetic procedure the woman had been on sick leave with "work-related anxiety problems", according to the judgement consulted by SUR.
It was therefore a question of deciding whether the woman was entitled to receive temporary incapacity benefit during the period claimed as a result of the lifting operation performed at the private Vithas Hospital, without there being evidence of the existence of a previous illness that made the operation necessary, or rather whether it was for purely aesthetic purposes.
Article 128.1. of the General Law on Social Security (LGSS) states: "The following shall be considered situations that determine temporary incapacity: a) Those due to common or professional illness and accident, whether or not work-related, while the worker...
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