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Quarantine is not a disease: they arrive INPS clarifications with message n ° 3653 on October 9, 2020 just as the government is reviewing measures to contain the Covid-19 infection.
In particular, the INPS takes up the provisions of article 26 of decree no 18/2020, Cura Italia, converted into law no 27/2020, which compares quarantine with the disease, specifying which cases are not more valid this equation.
INPS provides indications and operational clarifications for workers who are entitled to social security protection against diseases. In doing so, the INPS takes into account the legislative evolution of recent months and also the requests received by the territorial structures of the Institute. Let’s see when quarantine is not equated with illness according to the INPS message.
Quarantine is not a disease, that’s when
Quarantine is not a disease in cases where fragile worker can continue to do their work remotely, in smart work or also called agile work.
The INPS in the message of October 9, 2020 clarifies that the quarantine and preventive surveillance for fragile subjects, referred to in paragraphs 1 and 2 of article 26 of the Cura Italia decree, do not represent a temporary inability to work for a pathology in acute phase such that it absolutely prevents the performance of the work activity (a prerequisite for the recognition of social protection of the common disease), but risk situations for the worker and for the community that the legislator wanted to protect by equating, For economic treatment purposes, these cases lead to illness and hospitalization.
The INPS specifies that quarantine cannot be equated with illness or even protection of hospital stay in cases where the worker, who may also be under preventive surveillance because he is a fragile subject, continues to perform his work in an agile manner, in smart way working then, from home. This clarification comes after the conversion text of the August decree provides for smart work for fragile workers until December 31, 2020.
INPS specifies that in cases of full-blown disease (art. 26, paragraph 6) the worker is temporarily unable to work, with the right to access the disease, compensating for the loss of income.
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. In these cases, although limited to a specific term and to a specific territory, the provisions of the Institute as a result of the entry into force of the August decree and in particular Article 19 apply.
In the case of a provision of the public health authority, the aforementioned worker is not quarantined, but for the same the employer can request access to layoffs ordinary, by derogation, ordinary and CISOA.
Also there quarantine abroad cannot be considered a disease by the INPS, because access to protection can only come from a procedure carried out by the competent Italian health authorities.
Quarantine is not a disease with layoffs
INPS specifies that quarantine is not a disease if the worker is on layoff.
The Institute clarifies that the fact that the worker has been placed in one of the various types of dismissals determines suspension of contractual obligations with the company and implies the loss of the possibility of being able to request the specific protection provided in case of illness.
INPS clarifies that this is the principle according to which layoffs prevail over illness.
For more details in this regard, we refer to the text of the INPS message on quarantine and cases in which it is not equated with the disease, which we attach below.
- Message number 3653 of 10-09-2020.pdf
- Protection of social security from illness in case of quarantine. Operational guidelines and clarifications for eligible workers.
