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During the 2020/2021 school year, due to great fear of a possible Coronavirus infection, a net increase in the percentage of sick leave is expected.
Illness even from the common cold?
It is not just a problem of fragile teachers, but much more of teachers who fear being in contact for at least 4 hours a day with large classes. Prime Minister Conte and Minister Azzolina also stated that the school is not a magical place where contagion does not enter, it is assumed that Ata teachers and staff are at higher risk of contagion than other categories of workers.
The risk of contagion is very high for teachers who, notoriously, are subject to colds, flu and various infections every school year, due to the close contact they have in class with the students.
It seems highly probable, if not certain, that as soon as a teacher has a simple cold, he will immediately fall ill until he is completely cured. This behavior, intended to protect the health of the teacher and also the Ata staff, will inevitably lead to a net increase in sick leave for all school staff.
Regulation on the illness of teachers and Ata
The regulatory reference that regulates the sick leave of teachers for an indefinite period of time is article 17 of the CCNL Colegio 2006-2009.
For staff hired with a fixed-term contract for the entire school year or until the end of teaching activities, it applies instead Article 19 paragraph 3 of the CCNL 27.11.2007. Regarding the permanent staff, it must be said that the The employee absent due to illness has the right to keep his job for a period of eighteen months..
For purposes of accruing the aforementioned period, the following is added absences due to the last morbid episode, absences due to illness that occurred in the previous three years.
For example, if the teacher is absent due to illness in the period of November 14 to December 23, 2020, in total, referring to this single 40-day episode of the disease; the three-year reference period, according to Article 17, paragraph 1, It will run from December 23, 2017 to December 23, 2020.
In the three years highlighted above, the teacher is entitled to 18 months of illness, the first nine months are paid at 100%, from the tenth to the twelfth to 90% and then to the eighteenth to 50%. Therefore, during the aforementioned period, all cancellations are added both for the purposes of determining the maximum duration of 18 months and for the purposes of remuneration.
In article 17, paragraph 2 there is another protection that allows the teacher, who makes a regular request, the possibility of being absent for an additional 18 months in cases particularly serious and verified by the Administration, without the right to any remuneration.
I finished these 18 more months, as required by paragraph 4 of article 17 of the CCNL school, the teacher may be declared permanently incapacitated to perform any profitable work, the administration may proceed, except as provided in the following paragraph 5, by terminating the relationship by paying the employee compensation instead of notice.
Much lower are the protections of the right to sickness for precarious teachers. Indeed, in article 19 paragraph 3 it is established that the teaching staff and ATA hired with a contract of a fixed duration for the entire school year or until the end of the teaching activities, as well as the equivalent to it in accordance with current legal provisions , are absent. Due to illness, you have the right to keep your place for a period not exceeding 9 months in a three-year school year.
Regarding the remuneration of precarious teachers, it is specified in section 4 of the aforementioned article 19 that, without prejudice to the limit of 9 months in a period of three years, in each school year the remuneration due to precarious staff is paid in full in the first month of absence, up to 50% in the second and third month. During the rest of the period, the aforementioned personnel have the right to keep their job without remuneration.
Short-term surrogate disease regulations
In cases of absence from the service due to illness of the teaching, educational and ATA personnel contracted with a fixed-term contract stipulated by the director, the the art. 5 of DL 12/09/1983, n. 463 converted with modifications by law 11/11/1983, n. 638. These personnel, however, have the right, within the limits of the duration of the contract itself, to keep the place for a period not exceeding 30 days a year.
paid 50%.
