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Note No. 28387 of the Usr for Sicily. Clarifications on the incapacity for the service of school personnel and indications on the treatment of fragile workers in reference to the Covid-19 epidemic
When are the professors and Ata deemed unfit for service?
The Usr of Sicily identifies and analyzes three cases:
- absolute permanent incapacity for service
- permanent relative disability
- temporary disability
According to the recent Circular of the Ministry of Health and the Ministry of Labor and Social Policies no. 13 of 4.9.2020: “The concept of frailty must be identified in those conditions of the worker’s state of health with respect to pre-existing diseases that could determine, in case of contagion, a more serious or unfortunate outcome and that may evolve based on new scientific knowledge, both epidemiological and clinical. “The age of the employee, as specified in the circular of the Ministry of Education No. 1585/2020,” is not a sufficient element to define a state of frailty.
The condition of “fragility” – states the USR – differs from the inadequacy provided for by Presidential Decree 171/2011 in
How much:
- it is temporary, exclusively linked to the current epidemiological situation and destined to end after its termination;
- It requires the adoption of adequate preventive measures to prevent the worker’s health conditions, in the face of pre-existing pathologies, which are not incapacitating in themselves, from worsening, putting their health at risk;
- Its evaluation aims to protect the health and safety of the worker and, depending on the case, temporarily determines its use on demand, hospitalization in disease, until the epidemiological situation ceases, or, until 12/31/2020, (for particularly fragile subjects ) by performing work in an agile manner.
The competent physician or alternative body after the visit can identify:
- Suitability, in the event that no particular risks related to the health status of the worker have been identified, which consequently may continue with the functions of its competence;
- Suitability with prescriptions and measures of greater protection. In this case, it is the responsibility of the Director to facilitate (without delay) the supply of the necessary personal protective equipment and the adaptation of the work environments or work performance times and, in any case, comply with any type of additional indication suggested by the doctor. competent within the suitability judgment.
- Temporary inadequacy of the fragile worker in relation to the infection. In this case, it must be specified by the competent doctor if the temporary disability is related to the specific work performed or makes it impossible to carry out any work activity in the given context. It should be noted that the sentence of temporary disability is reserved only for cases that do not allow alternative solutions.
There are two cases:
A) Inadequacy related to the specific work performed.
The ministerial circular, when regulating the management of workers who fall in this case, establishes that the worker can expressly request to be used in other tasks in accordance with their professional profile, subject to the stipulation of a specific individual employment contract of duration equal to that of recognized disability.
B) Not suitable for any work activity
In this case, the worker must be placed, with a specific provision of the Director, in the sickness office until the expiration of the period of disability. Also in this case it is an ordinary disease that implies the application of economic cuts and is relevant for the purposes of the period of conduct.
NOTE 28387.27-10-2020
Fragile workers, here is the note from the Ministry. With request form
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