What does the law 151 say
Law 104/92 is the legislative reference “for assistance, social integration and the rights of handicapped persons” while the law 151 offers access to extraordinary leave, i.e. a period of absence from work of 2 years in total with a salary equal to that of the month of work preceding the leave. The limit must be considered global among all those entitled and for each seriously disabled person and it takes effect immediately from the date of submission of the application. The leave is also fractional in days (whole but not in hours) or per year.
The extraordinary leave and paid leave to assist disabled family members cannot be granted to more than one worker for assistance to the same seriously disabled person. With the exception of parents, including adoptive parents, of seriously disabled children who are granted the possibility of using both types of benefits for the same child, even alternatively, it being understood that on the day in which a parent uses the permits , the other cannot use the extraordinary leave.
Law 151 requirements
In order to access the benefits of law 151 and then to extraordinary leave some specific requirements must be met:
- be employed (including part-time contracts)
- there must be a situation of serious disability (reference art. 3 paragraph 3 of law 104/92) certified by the Integrated Medical Commission ASL/INPS (reference art. 4, paragraph 1 Law 104/92);
- lack of full-time hospitalization (intended for all 24 hours, in both public and private hospitals, with continuous health care) of the family member in a situation of serious disability
- The requirement of coexistence is necessary (residence, place where the person has his habitual residence, even in the same building at the same street number) for spouse (also valid for civil union), children, brothers or sisters, relatives within the third degree
They cannot request extraordinary leave:
- domestic and family service workers;
- home workers;
- daily agricultural workers;
- self-employed;
- parasubordinate workers;
- workers with a vertical part-time employment contract, during contractual suspension breaks
The order of priority for employees who request the extraordinary leave I am:
- cohabiting spouse (even in the case of a civil union) of the seriously disabled person;
- the father or mother (including adoptive and foster parents) of the seriously disabled person
- cohabiting children of the disabled person in a serious situation
- cohabiting brothers or sisters of the disabled person in a serious situation
- relative within the third degree cohabiting with the seriously disabled person
It is not possible to request extraordinary leave during the full-time hospitalization of the disabled person to be assisted (INPS circular no. 155 of 3 December 2010), subject to certain exceptions provided for by law (INPS circular no. 32 of 6 March 2012):
- interruption of full-time hospitalization of the disabled person to carry out specially certified visits and therapies;
- full-time hospitalization of a disabled person in a persistent vegetative state and/or with a poor short-term prognosis;
- full-time hospitalization of a disabled person in a serious situation for which the presence of the person providing assistance is required by the hospital doctors
Law 151 how the presentation of the application works
It is possible to apply for the extraordinary leave exclusively electronically via:
- via web through the dedicated INPS service
- patronage bodies and INPS intermediaries
- Multichannel Contact Center: 803164 (free) from a landline or 06164164 (paid) from mobile
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