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A reader: “I am a newly admitted full professor; I would like to know if now, with the role, when I am sick they withhold 5 euros a day from my salary during the first 10 days of sickness as happened to me when it was precarious “What our teacher refers to is the” Brunetta decree “, which entered into force on June 25, 2008, which establishes that periods of sick leave of any duration, in the first ten days of leave, determine a variation, corresponding to a salary deduction, from the salary.
The law provides for the reduction of part of the salary in case of illness.
The art. 71, paragraph 1, of Decree Law n. 112/08 converted by Parliament cwith some modifications, in the Law no. 133/08, states that:
- for morbid events that lasts less than or equal to ten days of absence, only the basic remuneration will be paid with the reduction of any compensation or emolument, whatever its name, of a fixed and continuous nature, as well as any other accessory remuneration.
Translated, it means that the public employee, in case of sick leave, will see his monthly salary reduced by a small amount. Naturally, the latter will be directly proportional to the number of days of inactivity. The more days of absence, the greater the salary deduction.
Constitutional Court: legitimizes the reduction. After the 11th day of sick leave, full payment
For the purposes of reduction, reference is made to each episode of illness that affects the employee, even lasting only one day, and for the first ten days of any morbid event. The salary deduction refers to the first 10 days of each sick leave period, not the first 10 days of sick leave during the year.
Circular no. 8/2008 of the Ministry of Public Administrations clarifies that this legal provision, by providing for the salary reduction for the first ten days of absence due to illness, overlaps with the contractual regimes currently in force.
From the above you can read a clarification regarding the term greater than 10 days:
“[…] in case of prolonged absence for a period of more than ten days – for example for eleven days or more – The first ten days must be subject to the prescribed deductions, while for the following days the legal-economic regime provided for by the national collective labor agreement and the sectoral sick leave agreements must be applied. Then the teachers will have the full salary from the eleventh day.
The Constitutional Court with judgment no. 120/2012 confirmed the constitutional legitimacy of the reduction in the event of sick leave.
For teachers the RPD is reduced, salary of professional teachers
On July 30, 2008, the Ministry of Economy and Finance, with a Notice sent to all SPT users (that is, all personnel paid by the Treasury), specified that for school personnel the following are reduced:
- The professional remuneration of teachers (RPD);
- Complementary individual remuneration;
- The DSGA management assignment.
In addition, the salary reduction must be calculated in thirty. This is around 6 euros or more per day, less than salary, for teachers, depending on the salary range:
Absences excluded from salary deduction (first 10 days)
There is no financial restriction if the absence due to illness is the consequence of:
- hospitalization. In this case, care services performed in hospitalization, day hospital, day surgery and pre-hospital are included.
Day hospital and day surgery cases are included even if the duration is less than 24 hours. It also includes the hypotheses of “integrated home care” (that is, “replacement home care” from the hospital).
It does not include sick leave following the prognosis issued by an emergency room, since “hospitalization” means hospitalization for a period of not less than 24 hours. The endorsement certification must be issued by the Local Health Authority or by the public health establishment or affiliate that has the requirements to provide an inpatient service (that is, continuous multi-professional or multi-specialized care); therefore, certification of a service performed on an “outpatient” basis is not relevant, even if it was provided by a hospital. - convalescence after hospitalization, understanding that the latter includes home convalescence. The certification accrediting post-hospital convalescence can be issued both by the hospital that made the admission and by the ASL or family doctor (in the latter case the medical certification must expressly indicate the prognosis of the intervention carried out in the hospital. Department of the Function Publication No. 53/2008; MEF, note prot. N.
- home hospitalization, certified by the ASL or competent health center, as long as it “replaces the hospitalization”;
- work accident (art. 20, paragraph 1, cit. CCNL);
- Recognized illness due to cause of service. (art. 20, paragraph 2, cit. CCNL);
- serious pathologies that require temporary and / or partially disabling therapies (art. 17, paragraph 9, cit. CCNL): includes day hospital, outpatient surgery or macroactivity in the hospital and hospitalization for temporary and / or partial disabling therapies and those necessary for the administration of therapies for severe cases. pathologies whose certification is issued ex post by the ASL or the affiliated structure. It also includes the days of absence for the subsequent certified therapies and for the performance of specialized periodic controls for serious (certified) diseases (“outpatient evaluations”).
Answer to the question
The salary deduction for the first 10 days of absence due to illness does not distinguish between IT and TD teachers with end of service on 08/31 or 06/30.
Therefore, whether it is a teacher with an indefinite or fixed-term contract as of 08/31 (vacant and available position) and 06/30 (duration of the teaching activity), the provisions of art. 71 of Legislative Decree June 25, 2008 n. 112, converted into law no. 133/2008 regarding the reduction of the accessory salary during the first 10 days of illness.
Teachers with a TD contract – Short / temporary substitutions
Alternates with short-term appointment of the director:
- they have the right to retain their place for a period not to exceed 30 days a year;
- sick leave is paid at 50%.
We remind you that those who have a temporary replacement until the end of the lessons, legally always falls within the “temporary replacement” of the exclusive competence of the director as well as the “short” (one week, one month … etc).
How are teacher sick absences and permanent ATAs calculated? With examples
All types of substitutes: 08/31 – 06/30 – Short / Temporary – Covid
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