Permits Law 104 at school: should the absence be justified? The answer will surprise you

There are still numerous doubts regarding the permits Law 104 of 1992. One of the most widespread concerns the possibility of having to justify the absence.

School sector workers who take time off work to take advantage of permits Law 104have the obligation to justify such absence?

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Law 104 permits are a fundamental benefit for disabled workers and their family caregivers. It is about periods of paid absence from workalso usable in fractional way, by the hour. They are due to employees who assist a severely disabled family member and to employees with severe disabilities (to fulfill their own care needs). In total, the Law 104 permits are 3 per month.

Therefore, let’s deepen the legislation relating to this facilitation, with a particular focus on workers in the school sector.

You may also be interested in the following article: “Permits law 104: is it possible to request them if the disabled person has a caregiver? The good news“.

Permits Law 104: the rights of teachers

One of our kind Reader sent us this question:

Hi, I’m a teacher. I have recently started to take advantage of the permits Law 104 of 1992. I was wondering if I had the obligation to justify the days of absence. Thanks in advance. “

First, we specify that the days of leave must be communicated in advance to the head teacherexcept for “demonstrate urgent situations“. This is what the Circular no. 13/2010 of the Department of the Civil Service. The right of the teacher, in fact, cannot in any case damage the organization of the school and, therefore, the notice is used to replace the worker absent in time and to guarantee the correct carrying out of the didactic activities.

Furthermore, during the 3 days of monthly leave, the worker is entitled to the normal pay by INPS, through the employer. The employee, therefore, he is not required to give reasons for his absence to take advantage of the permits Law 104.

At the same time, the school cannot deny the correct use of the facility. For purely organizational reasons, it is common practice to simply decide, together with the employer, the specific procedures for using the permits. It is therefore only up to INPS, therefore, to ascertain whether the applicant really has the right to use the days of absence. The employer can only take note of the decision of the pension fund, but cannot veto the use of the leave.

Use of the facility and hospitalization

The worker can request the days of leave, for assisting a hospitalized family member? Recently, the Court of Cassation stated that “the worker can take advantage of the permits to assist the family member hospitalized in social residential structures, such as family-homes, community-accommodation or rest homes; in fact, they do not provide ongoing health care. On the other hand, he cannot take advantage of the permits in case of hospitalization of the family member to be assisted in hospitals or, in any case, public or private structures that ensure continuous health care“.

This means, if the facility where the disabled person is hospitalized does not provide ongoing health care (for example retirement homes), there are no impediments to the regular use of permits Law 104. The impossibility of using the 3 monthly days of paid absence, on the other hand, exists if the family member to be cared for is full time hospitalized in a hospital or similar structure, public or private, which it insures ongoing health care (like RSAs).

Permits Law 104: is cohabitation necessary?

What is meant by “domestic partnership“, For the purpose of using the days of leave? Is the domicile in the same home as the disabled person sufficient? To obtain permits pursuant to Law 104 of 1992, it is necessary to consider the residence of the person and, therefore, you cannot rely on your home. However, in some cases, to facilitate the assistance of the disabled, the temporary residencecertified through the relevant Substitutive Declaration.

See the following in-depth: “Permits law 104: residence or domicile to enjoy 3 days a month?

Even the Ministry of Labor and Social Policies spoke on the subject, with Circular letter n. 3884 of February 18, 2010. He pointed out that the residence in the same building, but in different interiorsdoes not in any case limit the effectiveness and continuity of assistance to the patient.

Consequently, the notion of “domestic partnership“, Does not necessarily coincide with cohabitation, but refers to all cases in which both the disabled person and his / her caregiver reside in the same Municipality, at the same address and at the same street number, even if in different interiors (ie apartments).

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Permits Law 104 at school: should the absence be justified? The answer will surprise you