Not working smart or leaving if school closes or distance teaching

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Given the resumption of school activity, with decree law 111/2020 that came into force on September 9, the possibility was introduced for employees, parents of children under 14 years of age, to work in smart working, or alternatively benefit of an indemnified leave, if the cohabiting child is quarantined by ASL after a contact, which took place at school, with a Covid-positive person This provision was later merged with the conversion law of the August decree, which went into effect on October 14.

At the same time, the range of situations that trigger the right to agile work or permission has expanded: in fact, contact with a positive is no longer limited to the school environment, but can also occur during basic sports activities, activity Physics performed in gyms, swimming pools, sports centers and clubs, both public and private, or, again, while teaching language or music. In addition, the INPS, with circular 116/2020 relative to the first version (only “Scholastic”) of the license, specified that it can be used during the entire quarantine period, that is, even if it is extended or if it is repeated over time, or if the measure affects, in different periods, several children. All this planned for the end of this year, according to decree law.

Apart from the compatibility requirements with the possible inactivity of the other parent, the main limit to the use of sick leave (but not to smart work) is the financial resources available, 50 million euros, to pay compensation equivalent to 50% of salary corresponding to the days of work not performed. Undoubtedly, these are useful tools, given that until October 10 there were almost 5,800 infected students, of any age. Assuming classes of 20 students, this means that more than 110 thousand children, by default, have experienced the fiduciary quarantine.

Schools closed

However, the epidemiological situation is evolving very rapidly, so much so that the protection mechanism developed by the Government is no longer sufficient, at least partially. In fact, in Campania, for example, face-to-face lessons were suspended from October 16 to 30 in primary and secondary schools. So, there are children under 14 who teach from home. But your parents may have to leave the house at the same time to go to work and the child will stay. It could be argued that you are alone, but not ill and that you need care. However, the purpose of work from home or leave should be not to leave children under 14 years of age unattended, regardless of their health (and in consideration of article 591 of the Penal Code – abandonment of minors).

Lock options

In fact, during the confinement, the employed parents of children under 12 years of age could have a special paid leave, initially for 15 days, then extended to 30 days and usable until August 31, introduced precisely to face the closure of schools. Furthermore, as an alternative to departure, a voucher of 1,200 euros could be used to pay a babysitter.