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ATA staff vacation during red zone lesson suspension – a hot topic these days. It should be noted that schools are not closed but in most cases, especially for school employees, there is a shift that provides for vacations and leave for the days when it is not possible to attend.
The vacations of the personnel hired on a fixed term are regulated by art. 19 of our CCNL / 2007. Paragraph 1 says:
To the personnel hired with a fixed duration, to the personnel referred to in art. 3, paragraph 6, of Presidential Decree no. 399 of 1988 and non-dismissable personnel in accordance with art. 43 and 44 of the law May 20, 1982 n. 270, within the limits of the duration of the employment relationship, the provisions on vacations, leaves and absences established in this contract for personnel hired for an indefinite period of time apply, with the clarifications referred to in the following sections.
In the next paragraph:
The vacations of the personnel hired on a fixed term are proportional to the service provided. If the duration of the fixed-term employment relationship is such that it does not allow the use of accumulated vacations, they will be paid at the end of the school year and in any case of the last contract stipulated during the school year. The use of vacations during periods of suspension of lessons during the school year is not mandatory. Therefore, for fixed-term teaching staff who, during their employment relationship, did not request to be absent during periods of suspension from classes, there is a substitute payment for it at the time of termination of the relationship..
The call “COVID-19They fall within the regulatory framework of short-term substitutions and, therefore, are governed by the aforementioned legislation.
One of our readers asks us:
Hello, I am contacting you because I am in the midst of a crisis. I have a covid contract expiring on 06/08/21 and I have 21 vacation days available including two unused holidays and since day one I have been denied license requests during school activities, I only have to take them during school activities only vacation what I have done so far, except that including Easter I have another 11 days left. The motivation behind denying me vacations is that if I am not there I put my classmates in difficulties (who have never caused me problems) because the structure of the school before my arrival was of 3 custodians divided into two in one shift and one in another, with me, on the other hand, there are two per turn and full. But, being covid, am I not an addition? Three were before and three will be later when I’m gone, so what’s the problem if one day it becomes three again? I make a final specification, now that teaching is suspended it could take these days but I don’t need them, they would be more useful towards May where in theory the school situation is expected to be better for the children. In short, I don’t want to lose my vacation but I want to be sure that I am right if I try to get it. I hope I have explained myself well, I apologize for the inconvenience and thank you in advance for the response.
by Giovanni Calandrino – USR Lazio’s note of February 4, 2021 provides a partial answer to the question.
The text:
NOTICE that, in application of the aforementioned article 1, paragraph 54, of Act No. 228 of 2012 “Teachers of all educational levels take leave on days of suspension of lessons defined by regional school calendars, with the exception of those for ballots, state exams and evaluation activities.”
TAKING NOTE that, consequently, the teaching staff may request the payment of accrued vacations, within the limit of those that exceed the days of suspension of the didactic activities included in the period of their contract;
NOTING that contracts until June 8 or June 30 do not allow taking vacations for, respectively, 10 and 11 days;
SINCE, conversely, the collaborator of the school can always take vacations, except in the case of unforeseeable interruptions of the contract, and, therefore, cannot request the profitability of the unused ones;
In general, it is indicated that the teaching staff is obliged to request the payment of vacations only for the days exceeding the days of suspension of the didactic activities, which could be used within the contract.
The school employee (like all ATA staff) can always take a vacation and therefore cannot request any monetization.
However, I would add that, in the event that ATA staff requests a license and it is denied with written motivation or the duration of the employment relationship of a determined duration is such that it does not allow the use of accumulated vacations., the same will be paid at the end of the school year and in any case of the last contract stipulated during the school year.
Monetization of unused vacations:
On the basis of the application circulars of the provisions of art. 5, numeral 8, of Legislative Decree 95 converted into Law 135 of 2012 (MEF-Dep. General State Accounting prot. 77389 of 09/14/2012 and 94806 of 11/9/2012 – Dep. Public Function prot. .32937 of 06/08/2012 and prot. 40033 of 08/10/2012), at the end of the service, unused vacations can be monetized only in cases where the inability to take vacations is not attributable or attributable to the employee such as hypotheses of death, service needs, illness and accident, termination of the employment relationship due to permanent and absolute physical disability, compulsory maternity or paternity leave.
Mandatory red zone vacation?
One of the topics discussed these days is the need to take vacations during the suspension of teaching activities.
It must be said that the schools are open and that many school collaborators continue to carry out activities in presence, given the presence in the school of both groups of students and teachers.
Article 48, paragraph 1 of the last decree establishes that public employers limit the presence of personnel in the workplace to ensure only those activities that cannot be postponed and that require their presence due to emergency management. The personnel not present carry out their activities in an agile way.
For those who cannot carry out activities remotely – we think in particular of the situation of the school collaborators – the school director and the DSGA will favor, at the request of the employee, maximum organizational flexibility, allowing to make use of vacations previous, school-year vacations, make-up hours, multi-week hours, leaves of absence.
Agile ATA work, with extension of state of emergency measures valid until April 30
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