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Decree law n. 111, published in the Official Gazette of September 8, 2020 and which contains urgent provisions to face financial and support needs that cannot be postponed for the beginning of the school year, related to the epidemiological emergency due to COVID-19, Article 5 provides The possibility of taking advantage of the agile work modality and the extraordinary leave for parents who have children in quarantine for school contacts.
Agile work and march
Agile work
“An employed parent may perform the service of I work in agile mode for the whole or part of the period corresponding to the duration of the quarantine of the cohabiting child, under the age of fourteen, organized by the territorially competent ASL Prevention Department after the contact occurred within the school complex“This is what is established in section 1 of art. Said above.
Leave
It is also possible to use a leave for parents who cannot work in an agile way. Paragraph 2 says: “Only in cases where the execution of the work cannot be carried out in an agile way and in any case as an alternative to As referred to in paragraph 1, one of the parents, alternatively the other, may abstain from work for all or part of the period corresponding to the duration of the quarantine of the child, under 14 years of age“. Therefore, only one of the two parents, even alternately to the other, can be absent from work and, for the entire duration of the leave,”It’s recognized an allowance equal to 50% of salary“For the days in which a parent benefits from one of the two measures, the other, as indicated in section 4, may not request to benefit from the same measures, nor agile work nor extraordinary leave.
Until December 31, 2020
The expected benefits can be recognized until December 31 2020 and in any case up to the planned spending limit, corresponding to 50 million euros. Once the limit has been reached, INPS will no longer accept applications.
Personal school leave
In section 7, a clarification about school personnel on leave and that, therefore, should be replaced: “To ensure the replacement of personnel Teacher, educational, administrative, technical and auxiliary of educational institutions who benefit from the benefits referred to in sections 2 to 5, the expenditure of 1.5 million euros is authorized for the year 2020“.
What if school personnel are the beneficiaries? [docenti e ATA]
In addition to the use of substitution in the absence of the teacher or of Ata, some doubts arise for the school staff. First of all we think about school collaborators that, in fact, they cannot perform their duties remotely – as the recent circular for fragile workers also recalls – and that, therefore, they would be excluded from the possibility provided by the legislative decree. On the other hand, the case of other Ata figures, such as DSGAs or administrative assistants for whom smart work is feasible, is different.
Will distance learning still be for teachers? However, the situation would be complicated if both parents were school employees in the same family.
Finally, how to grant the possibility of carrying out the work in an agile way with the provisions of the August decree (104/2020), in particular by art. 34 paragraph 4, which says ” To allow the start and development of the 2020/2021 school year and for the purposes mentioned in article 231-bis of the decree-law of May 19, 2020, n. 34, converted, with modifications, by law July 17, 2020, n. 77, and of this article, for the school year 2020/2021 to school personnel and personnel involved in the services provided by educational institutions in agreement or through agreements, the agile work methods referred to in article 263 of the decree. -Law of May 19, 2020, n. 3. 4?
The text of the decree law
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