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The Lazio school office, with note 39444 of December 28, gives further indications on the subject of the fragile teachers and Ata.
Article 26 of the decree-law of March 17, 2020, n. 18, regulates workers “In possession of the certification issued by the competent medico-legal bodies, which accredits a risk condition derived from immunosuppression or the results of oncological diseases or the performance of life-related therapies”, that is to say, the “fragile workers”.
INDICATIONS
The provision was the subject of recent news, during the conversion into law of decree-law n. 104 of 2020. Until December 31, 2020, “fragile workers” “tend to carry out their work in an agile manner, also through assignment to different functions included in the same category or area of employment.”
USR Lazio, in the note, reveals that many workers have asked the competent doctor
certification in question, or who have delivered certifications of general practitioners or specialists.
In this sense, it is recommended to proceed as follows:
- Consider “fragile” workers who are prevented by the medical certificate from working in the presence of other people, even if the certificate speaks instead of “inadequacy”, for example. work in a community situation;
- consider workers “inadequate” who can only work with limitations independent of the presence of other colleagues, or who are completely prevented from performing the work planned for their profile;
- ask the competent doctor to clarify the certificate better, hopefully with a precise reference to the relevant legislation, when there is a reasonable doubt that, for example, it formally provides for incapacity tout court when, on the other hand, the intention was to certify a condition of fragility.
For example, “fragile” teachers may:
- ensure the regular schedule at a distance, limited to upper secondary school and provided that the educational offer plan foresees this method of organization for all the hours of the relative discipline in the class in question;
- improve the offer of distance education, at all educational levels;
- play the role of teacher, remotely, in training courses for colleagues;
- assist the manager, remotely, in organizational support activities and
didactic.
In the event that there is no teacher in the aforementioned situations and none of the teachers already in service agrees to work in excess of hours, a short substitute teacher with a contract must be called up to the date indicated in the medical certificate and in any case no later than December 31, 2020, deadline. provided for by the aforementioned article 26 of Decree Law No. 18 of 2020.
The short-term replacement contract may be extended, due to future provisions on containing the epidemiological emergency..
For example, in the case of a “fragile” literature teacher whose teaching schedule foresees, in high school, 6 hours at a distance with class A and 12 contact hours with classes B and C, we will proceed as follows:
- The 6 hours at a distance with class A will be assured in an agile way by the “fragile” teacher;
- The 12 hours of attendance at classes B and C will be covered with the ordinary methods used for substitutes, that is, mainly with personnel who are already in service and who have hours available or are dedicated to strengthening, in the alternative with hours in excess, again in the alternative through a short substitute.
Since kindergarten, elementary and lower secondary school operate exclusively in presence, in this case “fragile” teachers will be replaced by short alternate teachers, without prejudice to its use for activities that can be carried out remotely, such as strengthening, training courses, etc., even to degrees other than its own in accordance with article 1, paragraph 79, of Act No. 107 of 2015.
Regarding ATA staff:
- The DSGA and the “fragile” administrative assistants will perform their ordinary functions in an agile manner, using information technologies, in accordance with the provisions of the report of the meeting of November 27 last;
- School collaborators and “fragile” technical assistants may be employed in tasks and / or schedules, provided that in compliance with the collective agreement, they do not foresee contact with other subjects.
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