The Constitutional Court of Colombia stated that the legal institution of “enhanced stability” is not limited to workers with disabilities but instead also includes workers who have a temporary leave of absence mandated by their treating medical professional. This is especially important when employers are planning to dismiss a certain person.

The legal institution of “enhanced stability” it is established when: (i) the worker suffers from a health condition that impedes or substantially hinders the performance of his or her duties under regular circumstances; (ii) the employer has prior knowledge of said health condition before dismissal and (iii) there is a lack of sufficient legal reason for unilateral termination, which if undertaken would result in discrimination.

Therefore, when employers decide to dismiss a person who has a medical leave of absence, they must previously notify the Ministry of Health and Social Protection to obtain its authorization. Otherwise, unilateral termination would be illegal.

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