The public sector worker who is absent due to illness, in most cases is obliged to respect the time slots for the tax visit. However, in certain circumstances it is possible to speak of exemption, i.e. the possibility of being unavailable without this leading to penalties. In this article we illustrate which are the cases in which the law admits the faculty of exemption and which workers can benefit from it. Public employees in sickness are not obliged to be on call at the INPS medical and fiscal control in these cases.
Rules to be respected and protections that can be received
The condition of the sick worker moves between obligations and protections that determine the necessary conduct to be observed during the period of behavior. In fact, from the first day of absence from the service due to illness, he can receive the tax visit.
This is what is established by article 1 of the decree of 17 October 2017 n. 206. This assessment can be ordered by the public employer from the first day of absence for reasons attributable to the declared illness. As every year, the medical-fiscal control takes place in established time slots known precisely as availability bands.
We have previously illustrated what are the availability bands for public and private employees in 2022. These hourly limitations require the worker to be found at the address indicated during the registration phase of the state of illness. For example, imagine those cases in which the sick worker decides to stay with a relative to assist him.
In this regard, in order to avoid penalties, it is advisable to know that it is mandatory to promptly communicate the change of address to the INPS or ASL to which one belongs. In an in-depth study we have indicated how to communicate the change of domicile during the illness to INPS. However, where there are cases of exemption, it is possible to justify the absence during the availability bracket without having to pay the consequences.
Public employees in sickness are not obliged to be on call at the INPS medical and fiscal control in these cases
The cases in which public sector employees can benefit from the exemption are those indicated in Ministerial Decree no. 206/2017. The obligation to be on call may cease if one of the three causes specified in the ministerial text occurs.
The first cause concerns the presence of serious diseases which, by their nature, require life-saving therapies. In this case, the protection of health takes on absolute priority over medical-fiscal assessments.
The second case of exemption is reserved for those with a disability of at least 67% and associated pathological states. Finally, workers absent for specific reasons of service that gave rise to the impairment can also benefit from the exemption. To identify these conditions, the first three categories of Table A or the categories in Table E of Presidential Decree no. 834/1981. In these cases, you enjoy the exemption without obligation of availability. However, this does not mean that a fiscal medical examination cannot be arranged by appointment. In fact, it is useful to remember that the exemption applies to the obligation to be on call but not to the medical examination itself.
Employees who have applied for INPS illness but break these rules will lose 10 days of salary