From aching arm to fever, from headache to severe tiredness, from stomach problems and intestine to sleepiness. Vaccination can lead to disturbancesi which make it difficult to carry out the work activity. Leaving aside, in this context, the most serious and permanent consequences, fortunately very rare, one wonders how the absence due to vaccine disease, or after-effects of the vaccine, should be treated.
With particular reference to Covid-19 vaccination, mandatory for many categories of workers, one wonders, in detail, whether it is an ordinary absence due to illness, therefore compensated by INPS, or an accident at work. To raise the issue, remember laleggepertutti.it, was the Professional Local Police Association of Italy – Anvu, with a question sent to Inail.
In merit to the staff of educational institutions, the Department for Public Administration has provided important clarifications on the rules applicable to absences from work for Covid-19 vaccination: any absences due to the after-effects of the vaccine are considered ordinary sick days.
However, the classification of absences due to vaccine disease is relevant both as regards the categories not obliged to vaccinate, and for vaccines related to diseases other than coronavirus.
Post-effects of the vaccine: absence due to illness
Regardless of the type of vaccination carried out, if the worker has difficulty carrying out his activity due to fever, headache or other vaccine after-effects, the first thing to do is to go to your doctor. After a visit, he will be able to determine if the severity of the symptoms is such as to be incompatible with it carrying out the work activity and to assign the necessary rest days. In this regard, he must electronically transmit the sickness certificate to INPS and provide the worker with the registration number, which the latter must send to the employer.
After-effects of the vaccine: tax visit
As with all sick leave, even in the case of a pathology resulting from a vaccination, the worker is required to be on call during the time slots provided for the tax visit by the INPS doctor:
– from 10:00 to 12:00 and from 17:00 to 19:00, for private sector workers;
– dat 9:00 to 13:00, and from 15:00 to 18:00, for public employees.
I am absences from the tax visit are justifiable due to the carrying out of therapies or specialist visits (for which the worker must in any case warn and provide appropriate certification), as well as those required. To learn more, read the guide to the tax visit.
Consequences of the Covid vaccine: illness or injury?
With regard to the after-effects of the Covid vaccine, the Anvu (professional local police association of Italy) claims, in a question recently sent to Inail, that on the basis of the law and the clarifications of the same Institute the reaction to the compulsory Covid vaccine resulting in a temporary disability with abstention from work must be treated as an accident at work, therefore under the responsibility of Inail, not as an ordinary disease, within the competence of INPS (or, according to the category to which the worker belongs, within the competence of another welfare / social security institution or of the employer / administration).
The event is to be classified as an accident at work because:
– a health problem occurs (fever, headache, muscle aches, other types of malaise);
– there is an opportunity to work, in all cases in which vaccination is mandatory or in any case necessary for carrying out the work activity, as well as in the case in which vaccination is carried out at work;
– there is a violent cause (a needle pierces the skin of the worker with a rapid, intense and concentrated action);
– the violent cause is also external (the needle introduces a “foreign” substance from the outside into the worker’s body).
The Anvu, in the question posed to Inail, underlines that, on the basis of what is described in the leaflets and in the various information notices, both The link between vaccination and symptoms must be acknowledged, since, with regard to work accidents, the principle of simple presumption applies: consequently, the event must be treated as an accident at work.
On the question posed, the Inail response has not yet intervened. To learn more about the protections regarding accidents at work, read “Accidents at work, what does Inail pay?”.
Absences of school staff due to after-effects of the Covid vaccine
The Sostegni decree, with specific reference to the staff of educational institutions, provides, in the first place, that the absence for the administration of the Covid vaccine is justified as an absence for service and does not cause any reduction in the remuneration, neither fundamental nor accessory.
The Department for Public Administration subsequently specified that any absences due to after-effects from the anti-Covid vaccine must be managed as an ordinary disease and are subject to salary deductions.
However, the Department specified that the rule does not affect the salaries of teachers and other employees public, but exclusively the ancillary fees linked to productivity and presence in service. It is therefore misleading to speak of withholding, because the non-payment concerns the service not performed.
Per teachers failing to pay for the accessory for sick leave it is in any case estimated between 5 and 9 euros gross per day and does not apply to illnesses lasting more than 10 days, nor to illnesses related to hospitalizations, day hospitals, accidents, life-saving therapies.
At the moment, a standard is being refined which allows school staff to eventually be able to take advantage of a day’s paid leave to receive the administration of the vaccine, on the model of what happens for the donation of blood.