Punta Arenas Court upholds dismissal of public official with 345 days of medical leave

The Court of Appeals of Punta Arenas has validated the dismissal of a public official from the Civil Registry and Identification Service in the Magallanes region. The decision follows the employee accumulating 345 days of intermittent medical leave over a two-year period.

The affected worker filed a protection action, arguing the dismissal was arbitrary and illegal because the Commission for Preventive and Disability Medicine (Compin) had previously classified her condition as recoverable. However, the court dismissed the appeal, ruling that the dismissal complied with the Administrative Statute.

The court clarified that when an official exceeds 180 days of continuous or discontinuous leave within two years, service leadership is legally empowered to declare the position vacant. The ruling emphasized that a Compin finding of recoverability is not a binding requirement that nullifies this administrative authority, noting the importance of maintaining service continuity and operational sustainability in public offices.