Absence due to teacher quarantine and ATA with Covid contract: not valid for the count of 30 days of illness

Absence due to teacher quarantine and ATA with Covid contract: not valid for the count of 30 days of illness
Absence due to teacher quarantine and ATA with Covid contract: not valid for the count of 30 days of illness

Absence for Covid: be it quarantine or isolation for contact tracing. The period spent away from school for this reason does not affect the count of sick days. An important clarification, especially for teaching and ATA staff hired with a so-called “Covid” contract until 30 December 2021, ie a temporary substitute.

Absence due to illness temporary replacement (max last day of class)

the law is governed by art. 19 of the CCNL paragraph 10 “In cases of absence from the service due to illness of the teaching staff and ATA, hired with a fixed-term contract stipulated by the school manager, art. 5 of the DL 12 September 1983, n. 463, converted with modifications by the law 11 November 1983, n. 638. In any case, this staff has the right, within the limits of the duration of the contract itself, to keep the place for a period not exceeding 30 days per year, paid at 50%. “

So the staff hired by the manager for temporary substitutions has the right to keep the place for a period not exceeding 30 days a year, with 50% salary, within the limits of the duration of the employment relationship (without interruption of seniority of service).

Periods of absence for quarantine

Quarantine is not part of the number of sick days.

The UIL School explains this in the updated form as of November 6, 2021 on the management of the Covid emergency

“Until the end of the state of emergency, the period spent in sickness or in quarantine with active surveillance, or in a fiduciary home stay with active surveillance, is equivalent to the period of hospitalization and is not counted for the purposes of calculating the maximum period of
maintenance of the job in case of illness and consequently the absence cannot be counted for the purposes of the period of employment (art.87 paragraph 1 of the decree-law n.18/2020 modified by art.26 paragraph 1-quinquies, letter a of the decree-Law no. 104/20).

Therefore, the tenured and alternate teaching, educational and ATA staff (even short-term) who were to be absent for:

Waiting for the swab result: Quarantine for absence from work in the days of waiting for the result of a swab to ascertain the possible positivity from SARS-CoV-2.
Contact tracing: Quarantine for absence from work because identified as direct contact of cases with SARS-CoV-2 infection confirmed and identified by the health authorities.

Positivity with symptoms and without symptoms: Quarantine for absence from work because asymptomatic person tested positive for SARS-CoV-2 or because symptomatic person tested positive for SARS-CoV-2.
Close contact: cohabiting with a positive person: Quarantine for absence from work because a person living with a case that tested positive for SARS-CoV-2.

is fully guaranteed as the entire period spent in sickness or in quarantine with active surveillance, or in a fiduciary home stay with active surveillance is fully paid, excluded from the deduction for the first 10 days of absence and the
possibility for the school to request a tax visit.

On more than one occasion, the UIL Scuola had highlighted how the first draft of the provision did not provide for the total guarantee of the period of absence for the worker. In fact, only later, with the law 104/20, was it specified that the absence, in addition to being
fully paid, is not considered in the period of absence due to illness.

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