On 18 February 2008, the Department for Public Opinion released a (the number 13/2008) on certain aspects of application of work permits granted to family members of people with severe disabilities. This is a relevant provision as it affects all public employees , although it may be revised in future as it is awaiting a ruling on these issues by the State Council at the request of the Ministry of Economy.
The opinion, issued in response to a specific question, relates to the requirements of continuity and exclusivity of care introduced by Law 53/2000 . As you recall, Article 20 stated that workers have the facilities, "even if the other parent is not entitled." The work permits, were also extended "to the family workers working relationship with public or private, to assist with continuity and exclusively a relative or affinity within the third degree of handicap, although not living together." The work permits, therefore, deserve - regardless of from living together - even those family members who provide assistance with continuity and exclusively to people with disabilities grave.I concepts continuity and exclusivity were subject to different interpretations by social security institutions (INPS and INPDAP) and of the Ministry of Labour. Now the Department of Public orientamento.Vale expresses its worth remembering that the continuity and exclusivity of the assistance, however, are not relevant in the case of permits granted to parents of people with disabilities living with them.
Continuity
The Department believes that the legislature intended collegare in senso stretto la concessione dei permessi al requisito definito dall'articolo 3 comma 3 della Legge 104/ e cioè collegando la situazione di gravità alla necessità di un intervento assistenziale "permanente, continuativo e globale": la situazione di handicap grave, richiede per definizione l'assistenza continuativa.
Secondo il Dipartimento Funzione Pubblica la continuità sussiste soltanto quando l'assistenza è prestata non in maniera saltuaria od occasionale ma "con assiduità e costanza, in modo tale da prestare un servizio adeguato e sistematico ossia regolare alla persona handicappata". Si tratta, fin qui, di considerazioni non dissimili a quelle espresse by INPS and INPDAP. But the Department also states that the continuity of care is not the purpose of the permit, and this could not be given the consistency of these small, amounting to three days a month, but it is, on the contrary, the assumption of fact legitimizing .
In essence, if not pre-existing continuity of care, systematic and constant outside of work, permits are not granted.
After these clarifications, the Department provides no guidance for the practical application, even Department Civil Service states that the exclusivity it is understood that there is only one employee that requires work permits and benefiting from it. These should be granted, so even if there are other people in the household can provide assistance. In this, the Department is in line with the guidelines already provided by INPS and the Ministry of Lavoro.La condition is self-certified by the person concerned, and assessed by the competent authority. gives discretion to the authorities concerned: "the situation will be assessed from time to time and depending on the specific circumstances by the authorities concerned." The condition of continuity is self-certified by the person concerned, and assessed by the competent authority (usually the personnel department or human resources).
Exclusivity
The Department for Public Administration states that the exclusivity it is understood that there is only one worker that requires work permits and benefiting from it. These should be granted, so even if there are other people in the household can provide assistance. In this, the Department is in line with the guidelines already provided by INPS and the Ministry of Labour.
The condition is self-certified by the person concerned, and assessed by the competent authority.
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