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Illness, layoffs and isolation. The INPS has tried to clarify the pending questions of the workers, explaining how to maintain income, for example in case of contacts with positive people or in the hypothesis of a lockdown, even limited to some areas. The principle is that home isolation will not equate to illness. It also reiterates the importance of carrying out, on the basis of agreements with the employer, “work activity at home, through alternative forms when being in the office.”
lone What are the conditions to be considered sick?
“The recognition of the disease occurs only when quarantine is decided by a public health operator, as in the case of close contact with positive subjects. In all cases of orders or provisions of administrative authorities that effectively prevent people from carrying out their work, it is not possible to proceed with the recognition of quarantine protection (which precisely provides for the equating of quarantine with active disease surveillance ), since a provision of the public health operator (ASL, general practitioner, hospital. Not private specialist doctors) is necessary “.
ltwo If a child has come into contact with positive people and is waiting for the tampon established by the ASL, can the worker be considered sick?
«No, if the child is under 14 years of age, they can take advantage of the 50% paid leave. If the child is over 14 years of age, there is currently no alternative but to take an unpaid leave or leave until the swab results are in. In the absence of the ASL provision, no physician can certify a disease that has not yet been declared.
l3 In case of localized closures, how can the absence be justified if you live in a closed area and work in an open area?
“The redundancy fund is involved, which is already provided for in the first decree that established the red zones at the beginning of the pandemic. Therefore, illness cannot be used to justify these absences. ‘
l4 Is the disease recognized for fragile workers in smart work?
«No, unless you have a full-blown illness. “As for fragile workers, quarantine and precautionary surveillance – says the message – do not constitute a temporary incapacity to work due to an illness in an acute phase that absolutely prevents the performance of the work, but rather risk situations for the worker and for the community that the legislator intended to protect by equating, for the purposes of economic treatment, these cases to illness ”. Simplifying, it is not possible to resort to the protection of the social security of the disease in the cases in which the worker, in quarantine or in preventive surveillance because he is a fragile subject, continues to develop, based on the agreements with his employer, the activity work on your own. home “.
l5 If a worker falls ill during a layoff, what prevails?
«The complementary salary treatment prevails over sick pay. Unlike the case of the worker who falls ill while on duty but during the period of illness it is expected that he must be on leave for days. If the provision for dismissal affects the entire department in which it operates, the dismissal fund prevails. In case it is only for some workers, the disease is still valid.
l6 What about workers who have to quarantine abroad because the destination country requests it?
“NORTHThe disease should not be recognized because access to protection against the disease can only always come from a procedure carried out by the Italian health authorities “.
