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Many teachers wonder what happens in case of absence due to contagion of Covid 19 or even how the period of absence from the workplace is considered during the period in which the result of the swab is expected after a positive result found after a serological test.
We remind you that current legislation is governed by the Brunetta decree.
What the Brunetta Decree provides
The art. 71 of the Decree Law of June 25, 2008, n. 112 (called Brunetta Decree) “Absences due to illness and paid leave of public administration employees”, applied to the school context, establishes that in the first 10 days of absence from work due to illness, the teacher’s salary is deprived of any subsidy or emoluments and any other ancillary remuneration. The deduction refers to each episode of illness that affects the employee in the period within ten days, even if it is only one day.
The deductions for school personnel that are implemented in relation to absences refer to:
• Professional remuneration of teachers (RPD);
• ancillary individual remuneration;
• the DSGA management assignment.
What are the absences for which the financial restriction does not apply
There are cases linked to particular symptoms that give rise to absences due to illnesses for which the economic restriction does not apply, the following are the cases:
• absences for work accidents recognized by Inail;
• sick leave for service recognized by the Audit Committee for reasons of service;
• hospitalization in public or private facilities; absence with prognosis issued by an emergency room is not comparable to hospitalization and therefore is subject to deductions;
• home hospitalization certified by the ASL or other competent health center, provided it replaces the hospitalization;
• day hospital or macro activities in the hospital;
• absences due to serious medical conditions that require life-saving therapy (including chemotherapy);
• absences due to certified consequences of therapies;
• absences for specialized reviews related to serious pathologies;
• periods of absence due to convalescence, which follow without interruption a hospitalization or an intervention carried out in a day hospital or a macro-activity in the hospital; in these cases, a certification issued by the public or private treating physician is sufficient.
Case in which a teacher is in quarantine or infected with Covid -19
In the event that a teacher is quarantined or infected by Covid, the provisions of article 19 of Decree Law March 2, 2020, n. 9 “Urgent measures to support families, workers and companies related to the epidemiological emergency of COVID-19” which reads the following:
“The period spent in illness or in quarantine with active surveillance, or in fiduciary domiciliary stay with active surveillance, by employees of the administrations mentioned in Article 1, paragraph 2, of Legislative Decree n.165, by COVID-19, is equivalent to the period of hospitalization “, in this case the economic restriction does not apply.
Case in which a teacher is waiting for the result of the swab.
Ordinance n. 18 published in the Official Gazette on July 28, 2020, regarding the absence made during the period in which the result of the swab performed to verify positivity to Covid is expected, provides the following information:
“The teaching and non-teaching staff as well as the educators of the institutions of the national educational system, including the university, of regional vocational training centers, of private schools, even non-equals, and of educational services for children, the period of absence from the workplace, for the time that elapses between the result, possibly positive, found during the execution of the serological tests to search for specific antibodies against the SARS-CoV-2 virus and the acquisition of the result of the molecular test For the diagnosis of infection, upon presentation of the appropriate medical certificate issued by the GP and / or the competent ASL, it is equated to the quarantine period, in order to recognize the economic treatment provided for by current legislation ”.
Back to school, all the rules to know
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