The new INPS circular
Permits 104, a new INPS circular provides indications and clarifications connected to the innovations introduced by the legislative decree which entered into force on 13 August 2022. The decree transposes the EU directive relating to the balance between private and working life for parents and carers.
In particular, the decree in question – as stated in the INPS note – amended article 33 of law no. 104/1992, eliminating the principle of the “sole contact person for assistance” with reference to the use of permits governed by the same article in paragraph 3. It extended the parental leave referred to in article 33 of the same legislative decree; amended paragraph 5 of article 42 of legislative decree no. 151/2001, introducing the “de facto cohabitant”.
So as regards i permits provided for by law n. 104the principle of “single point of contact for assistance”, so up to now no more than one employee – with the exception of parents – could be authorized to use the days of leave for assistance to the same person in a situation of serious disability.
Therefore, starting from 13 August 2022, without prejudice to the overall limit of three days of monthly leave for assistance to the same individual, with a serious disability, the right may be recognised, upon request, to more subjects among those with right, who can use it alternatively.
On the other hand, the individual right of the worker in a situation of serious disability to use for himself the three days per month or the alternative daily hourly rest periods, provided for by paragraph 6 of the same article 33. “The procedure, starting from 13 August 2022, recognizes the right to the benefit to several subjects among those entitled, who can alternatively use permits for assistance to the same disabled person in a serious situation, without prejudice to the overall limit of three days.
The decree n. 105/2022, moreover, has established how the periods of extension of parental leave cannot lead to a reduction in holidays, rest periods or thirteenth salary, except as expressly provided for by the relevant CCNL.
Another novelty concerns the introduction of the figure of the cohabitant among the subjects who can benefit from the permit, on a par with the spouse and the part of the civil union. As established by paragraph 36 of article 1 of law no. 76/2016: “By de facto cohabitants, we mean two adults permanently united by emotional ties as a couple and by mutual moral and material assistance, not bound by kinship, affinity or adoption, marriage or civil union.”
It is possible to benefit from extraordinary leave according to the new order of priority:
the cohabiting spouse, the cohabiting part of the civil union and the de facto cohabitant of the disabled person in a serious situation;
the father or mother, even adoptive or custodial, of the disabled person, in the event of absence, death or in the presence of disabling pathologies of the cohabitant;
one of the cohabiting children of the disabled person, in the event that the cohabitant and both parents, including adoptive or foster parents, of the disabled person are missing, deceased or suffering from disabling pathologies;
one of the cohabiting brothers or sisters of the disabled person, in the event that the cohabitant and both parents, including adoptive or foster parents, of the disabled person are missing, deceased or suffering from disabling pathologies;
a relative or in-law within the third degree cohabiting with the disabled person, in the event that the cohabitant and both parents, including adoptive or foster parents, of the disabled person are missing, deceased or suffering from disabling pathologies.
Cohabitation with the disabled person can also be established after the presentation of the application for extraordinary leave, but it must be guaranteed throughout its use.
INPS informs that the electronic platform for submitting applications has been updated with the news on the subject of permits law n. 104/1992 for multiple referents of the same disabled person; transmission of the ‘Disabled Declaration’ for the recognition of the referents; assistance to disabled people in serious situations under the age of 18, for subjects other than mother or father; extraordinary leave referred to in article 42, paragraph 5, of Legislative Decree no. 151/2001 (also for de facto cohabitants and non-cohabiting family members at the time of the application)
Source-www.adnkronos.com