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the extraordinary paid leave Regulated by Law 151 of 2001, it allows employees to take a maximum of 24 months away from work to care for a family member with a serious disability according to Law 104.
We reply to a Money.it reader who writes us:
“Good morning, since I help my mother 3 days a month with 104, can I take advantage of the extraordinary allowance of 2 years even if she is not a resident with me?
Is it feasible with domicile?
Thank you”
Extraordinary license without change of residence
Extraordinary leave is granted not only on the basis of living with the disabled but also on the basis of a binding and non-scalable family priority order unless the holder is missing, death or invalidating pathology.
the child not living togetherIn any case, you have the right to take leave only if there is no other relative (spouse, other children, brothers, sisters or relatives and relatives up to the third degree) who does not live with the disabled person.
If his father, therefore, lives and lives with his mother, the the right to use it depends on the spouse. Only in case of absence, death or disabling pathology of the spouse, the right escalates to the cohabiting child.
In any case, the application can also be submitted by the non-cohabiting child provided transfer your residence with the person who is going to attend.
In which cases is the child who must help the disabled mother not be obliged to change residence? If they live at the same address, the same house number, the same building but in two different interiors. In this case, in fact the Coexistence without change of residence is also accepted.
In addition, the change of residence can also be avoided if you live in a municipality other than that of the disabled person and require registration in the temporary population register to temporary residence in the Municipality where the person to be assisted resides.
In all other cases, regrettably, a change of residence is required and domicile alone is not enough.
“If you have any doubts or questions, please contact us at the email address ask for [email protected]”
