According to the Moroccan Labor Code, employers must pay particular attention to employees’ requests to telework for medical reasons. When an employee is declared unfit to continue his or her usual duties due to illness or accident, the employer must consider teleworking as a solution to enable the employee to continue working while respecting his or her medical prescriptions and ensuring his or her health.
Regarding the leave permissions outlined in Article 274, these are specifically designated for family events and other absences such as circumcision or surgical operations of the spouse or a dependent child.
According to Article 277, employers are obligated to grant leave permissions to members of communal councils and associated meetings; however, this absence is generally unpaid, and the lost working hours can be recovered, subject to the provisions related to working hours.
Penal provisions concerning absences are defined by Article 278. This article imposes fines for failures related to birth leave, payment of indemnities, and absence permissions. However, these sanctions do not apply to telecommuting, which is a request for job adaptation rather than a traditional absence.
When an employee, with a medical certificate attesting to a sprain, requests telecommuting, the employer must evaluate this request considering medical prescriptions and the practical possibilities for work organization. Under the general obligations of the Labor Code, the employer is required to ensure the health and safety of their employees. In this sense, accepting telecommuting under conditions that maintain the employee’s health generally poses no legal risk, provided that the working conditions and necessary adjustments are appropriate and in line with medical recommendations.
Conversely, an unjustified refusal to grant telecommuting could be perceived as negligence in accommodating the employee’s medical needs, potentially leading to disputes or claims regarding working conditions. It is therefore crucial for the employer to conduct a thorough assessment of the situation based on the nature of the tasks, the recommendations of the medical certificate, and the applicable legal provisions to avoid potential litigation.
Additional Recommendation: To ensure optimal legal coverage, it is advisable for the employer to request an additional medical certificate, either from the same doctor or another physician, specifically stating that the employee is medically unfit to physically attend the workplace but is fit to perform their tasks through telecommuting. This approach not only ensures compliance with medical requirements but also protects the employer against potential disputes regarding job adaptability and working conditions for the employee.
HAJAR TEHHAF
LEGAL COUSEL AT WESTFIELD