Doctor’s Hours & CLA Education: School & Work Compatibility

In the sector Education and Researchthe absence due to illness of teaching, educational and ATA staff is regulated by a coordinated set of legal regulations, INPS administrative documents e contractual provisions contained in CCNL School. The discipline of medical check-ups (tax visits) and of availability rangeswhich in public work have a uniform character throughout the national territory.

The regulatory and contractual framework

The matter is mainly regulated by:

• Art. 55-septies del D.lgs. 165/2001which gives the INPS exclusive jurisdiction over tax visits in the public sector;

• Ministerial Decree 17 October 2017, n. 206which established the availability ranges for public employees;

• INPS messages and circulars applications, which have confirmed its implementation over time;

• CCNL Education and Research 2019-2021signed on 18 January 2024, which regulates the economic and legal effects of absence due to illness.

In the school sector, the collective agreement does not change the availability rangeswhich remain of a legal source, but regulates economic treatment, disciplinary consequences and the organization of the employment relationship.

Check-up doctor’s hours (tax visits)

For school staff the following apply: same time slots foreseen for all public work:

The bands apply:

• a teachers, educational staff e ATA;

• everydayincluding Saturdays, Sundays and holidays;

• for the entire duration of the sickness absencestarting from day one.

During these hours, the employee must be available at domicile indicated in the sickness certificate transmitted electronically to INPS.

The role of the school director

In the current system, the school manageras a public employer:

• can request a tax visit to INPS even for a single day of illness;

• is not required to provide a specific reason, without prejudice to compliance with the principles of fairness, impartiality and non-discrimination.

In addition to the manager’s requests, INPS can dispose office checks based on internal and automated criteria.

Absence from the tax visit and contractual consequences

In case of unjustified absence from the check-up visitINPS draws up a specific report. The effects, for school staff, are based both in the general legislation and in the CCNL Education and Research.

In particular:

• applies reduction of economic treatment provided for by the art. 71 of Legislative Decree 112/2008 (for the first 10 days of illness);

• can be arranged there loss of financial sickness benefit for the days concerned;

• the school administration may consider starting a disciplinary proceedingspursuant to articles 55-bis and following of the Legislative Decree. 165/2001, recalled by the CCNL.

The employee’s right to justify the absencesubmitting suitable documentation to INPS within the established deadlines.

Exemptions from the availability requirement

The School CCNL refers entirely to state legislation regarding exemptions. School staff are exempt from being on call only in expressly provided cases, including:

• serious pathologies that require life-saving therapies;

• recognized disability connected to the pathology;

• accident at work;

• illness recognized as a cause of service;

• hospital admission o day hospital.

The exemption must result clearly indicated in the electronic medical certificate.

Illness and working hours in school

An aspect often subject to misunderstandings concerns the relationship between school hours and availability. It should be clarified that:

• the obligation to be available it is not linked to lesson times or ATA shifts;

• even on days without teaching activities or without returning in the afternoon, the employee is required to respect the availability slots;

• the tax visit can take place exclusively within the hours established by law.

In the school sector, the discipline of checking doctor’s hours is today fully defined and uniform. The CCNL Education and Research integrates the general legislation, regulating the economic and disciplinary effects of absence due to illness, but does not affect the availability bands, which remain a state source.

For school staff it is therefore essential:

• know precisely availability time slots;

• verify the accuracy of domicile indicated in the certificate;

• be aware of contractual consequences in case of failure to control.

Correct information helps reduce disputes and ensure a transparent relationship between workers and school administration.