What Is a Non-Work-Related Illness, and How Many Months of Paid Leave Apply?
A non-work-related illness (in Spanish, "enfermedad inculpable") is any health condition or accident that temporarily prevents an employee from working and that did not originate in the job itself. Under Article 208 of Argentina's Employment Contract Law (LCT, Ley 20.744), this triggers the right to full paid leave for a period ranging from 3 to 12 months, depending on the employee's seniority and family dependents.
Paid Leave Periods Under Article 208 LCT
The length of paid leave depends on two factors: how long the employee has worked for the company, and whether they have dependents (children or a spouse):
- Under 5 years of seniority, no dependents: up to 3 months of full pay.
- Under 5 years of seniority, with dependents: up to 6 months of full pay.
- Over 5 years of seniority, no dependents: up to 6 months of full pay.
- Over 5 years of seniority, with dependents: up to 12 months of full pay.
During this period, the employee must receive the same salary they would have earned working normally, including any collectively bargained raises.
Notice to the Employer and Medical Control
To preserve the right to paid leave, the employee must notify the employer during the first day of absence, stating where they can be reached (Art. 209 LCT). The employer, in turn, may send a company doctor to verify the condition (Art. 210 LCT). If the treating physician and the company doctor disagree, the treating physician's opinion generally prevails unless the employee is called before an official medical board.
Job Protection After Paid Leave Ends
Once the paid periods under Article 208 are exhausted and the employee still cannot return to work, a one-year job protection period begins (Art. 211 LCT), during which the employer must hold the position without any obligation to pay salary. If the employee recovers with a permanent reduction in capacity, the employer must offer suitable lighter duties without cutting pay; if none are available, reduced severance under Art. 247 LCT applies instead (and if duties exist but are denied, full severance under Art. 245 LCT is owed).
Non-Work-Related Illness Is Not a Work Accident
A non-work-related illness (e.g., appendicitis, pneumonia, common back pain) is paid directly by the employer under Art. 208 LCT. A work accident or occupational illness, by contrast, is covered by the employer's workers' compensation insurer (ART) under Law 24,557 — a separate regime with its own procedures and benefits.
If an employer dismisses an employee while on paid medical leave, it must still pay the full seniority severance under Art. 245 LCT, plus all wages owed through medical discharge or the end of the legal leave period (Art. 213 LCT). If your employer has stopped paying your salary during a medical leave, or is pressuring you to return before you are cleared, formal legal notice can protect your rights and preserve evidence for a future claim.