MINISTER FOR SOLIDARITY 'SOCIAL agreement with Health Minister' and Minister of Labor and Social Security and the Minister for Equal Opportunities'
Having regard to Article 17, paragraph 3 of Law August 23, 1988, No 400;
Having regard to Article 4, paragraph 4, of Law March 8, 2000, No 53, which provides that a decree of the Minister for Social Solidarity, in cooperation with the Ministers of Health, Labour and Social Welfare and Equal Opportunities provides the definition of criteria for the use of leave, the identification of specific diseases, as well as the identification of criteria for periodic verification that the conditions of severe infirmity;
heard the opinion of the State Council, expressed by the advisory section for legal acts in the meeting of June 26, 2000;
Given the communication to the President of the Council of Ministers no DAS/427/UL/448 of July 4, 2000, made pursuant to Article 17, paragraph 3 of Law August 23, 1988, No 400, adopted the following rules:
Article 1 (paid leave)
1. The worker and the worker, employees of public employers and private, are entitled to a total of three days paid leave a year in documented cases of death or serious illness of a spouse, even legally separated, or a relative within the second degree, whether or not cohabiting, or a member of the family over the individual worker or the worker himself.
2. To qualify for the permit, the applicant shall notify the employer prior to the event which entitles the permit and the same day in which it will be used. The days of leave must be used within seven days of death or the finding the onset of serious illness or the need to provide leads to specific therapeutic interventions.
3. In the days off are not considered official holidays and non working.
4. In the event of serious illness of the person referred to in paragraph 1, the employee or the employee may agree with the employer, as an alternative to the use of days off, different ways of carrying out of work, even for periods longer than three days. The agreement shall be concluded in written form, based on the proposal of the worker or the worker. The agreement shall specify the days off that are replaced by different modes of completion of work, such rules should result in a reduction of working time not less than the total days of leave that are replaced, in the latter are also listed the criteria for periodic checks of the permanence of any serious illness, to the meaning of art. 3, paragraph 4. The reduction of working hours resulting from different arrangements agreed must begin within seven days after the onset of serious illness or the need to provide health care interventions.
5. The permits referred to in this Article shall be added to those covered by Article 33 of the Law of 5 February 1992, no 104, as amended.
Article 2 (Leave due to serious family reasons)
1. The worker and the worker, employees of public employers or individuals, may, pursuant to art. 4, paragraph 2 of Law March 8, 2000, No 53, a period of leave for serious reasons, to personal situation, their family registry, the entities referred to in Article 433 of the Civil Code, although not living together, and people with disabilities, family or marriage within the third degree, even if not living together. In serious cases are:
a) the family needs arising from death of a person referred to in this paragraph;
b) cases involving a particular commitment of the employee or his family or in assisting in the care of persons referred to in this subparagraph;
c) the personal hardship situations to the exclusion of the disease, in which the employee incurs the same;
d) situations, refer to the entities referred to in this paragraph except the applicant, arising from any of the following conditions:
1) acute or chronic diseases that lead to temporary or permanent reduction or loss of personal autonomy, including chronic diseases of congenital, neoplastic, infectious, metabolic, post-traumatic neurological, neuromuscular, psychiatric, from addictions, whether for developmental or subject to periodic flare-ups;
2) acute or chronic conditions that require nursing care or frequent monitoring clinical chemistry and instrumental
3) acute or chronic diseases that require the involvement active in family health care;
4) developmental disorders of childhood and having the characteristics listed above in points 1, 2, and 3 or for which the therapeutic and rehabilitative program requires the involvement of parents or the person who has parental responsibility.
1. The leave referred to in this article can be used for a period, continuous or fractionated, not exceeding two years during their working life. The employer is obliged to release at the end of the employment period of the certificate of leave received by the worker or the worker. The limit of two years is computed according to the common calendar, we compute the non-working days and holidays including the period of leave, leave the villages of less than a month are added together and the month has been reached when the sum of fractions is thirty days.
2. Collective agreements governing the procedure for requesting and granting even partial or delayed in time, or the refusal of leave for serious family reasons and documented, ensuring the contradiction between the employee and the employer and the balancing of their needs.
3. Until the definition of the procedure referred to in paragraph 3, the employer shall, within 10 days of the request of the leave, to vote on the same and to communicate the result to the employee. Any failure on the proposal to postpone to a later period and determined the partial grant of leave must be justified in relation to the conditions provided for in this Regulation and the organizational and production reasons that do not allow the replacement of the employee. At the request of the employee, the application must be reviewed in the next 20 days. The employer shall ensure the uniformity of decisions having regard to the situation and the practice adopted organizational and production business or public administration.
4. Subject as provided in paragraph 4, in the case of fixed-term employment relationships, the employer may also refuse to leave because of incompatibility with the duration of the relationship in relation to the period of leave requested, or when the leave already granted are passed three days during the relationship, may also refuse to leave when the relationship has been established due to the replacement of another employee on leave under this article. Still apply the provisions of paragraph 6.
5. The leave referred to in this article may also be required for the death of a person referred to in Article 1, paragraph 1, for which the applicant has the option of using paid leave in the same year under those provisions or provisions of the bargaining collective. When this request is for a period not exceeding three days, the employer is obliged to express itself within 24 hours of and reasons for any refusal on the basis of exceptional organizational purposes, and to ensure that the leave is granted no later than the next seven days.
6. Unless previously set a minimum period of leave, the employee and the employee have the right to return to the workplace before the end of the leave, giving prior notice to the employer. If the employer has provided for the replacement of the worker or the worker on leave under Article 1, second paragraph, letter b) of Act April 18, 1962, No 230, as amended, for the early return is requested, consistent with the size of the period of leave in the course of use, at least seven days' notice. The employer may yield an early return even in the presence of a prior determination of the minimum duration of the leave or notice of less than seven days.
Article 3 (Documentation)
1. The worker or the worker receiving permission to serious illness or referred to in Article 1 of leave for illness in Article 2, paragraph 1, letter d), must submit appropriate documentation of the medical practitioner or the NHS with it an agreement or a general practitioner or pediatrician or health facility in case of hospitalization or surgery. The certificate regarding the serious illness must be submitted to the employer within five days of return to work on the worker or the worker, the certification of disease specified in Article 2, paragraph 1, letter d) must be presented at the same the request for leave.
2. When the event which entitles the permit or to leave is death, the employee and the employee are required to document this event with the relevant certification or, where permitted, by a declaration in lieu thereof.
3. The worker or the worker who intend to use the leave provided for in Article 2 for the reasons referred to in paragraph 1, letters b) and c) are required to explicitly declare the existence of situations therein.
4. When in the course of the completion of work under Article 1, paragraph 4, the employer may require periodic verification of the existence of serious illness, through certification referred to in paragraph 1 of this article. The frequency of verification is established in the agreement referred to in that Article 1, paragraph 4. When it was found in the loss of serious illness, the employee or the employee are required to return to work according to the ordinary mode and the corresponding period of leave not taken can be used for other events that occur during the year as provided in this Regulation.
5. The employer shall notify the local Labour Services - Labour inspection within five days from the granting of leave referred to in Article 2, the list the names of employees who benefit from such leave.
Article 4 (Final provisions and entry into force)
1. The collective bargaining agreements may provide more favorable conditions than those provided for in this Regulation.
2. As an alternative to the provisions of this Regulation for the permits and leave the same way as provided for by collective agreement in force the provisions of that agreement are more favorable.
3. This Regulation shall enter into force on the day of publication in the Official Gazette of the Republic.
4. This decree, bearing the seal of the State, will be included in the Official legal acts of the Italian Republic. E 'is mandatory for all to observe and enforce them.
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