Background information

The Law Decree no. 18, issued on 17 March 2020, then converted into the Law no. 27, issued on 24 April 2020, introduced specific measures to support workers in fragile health conditions, applying to both the public and the private sector. The measures apply in case of quarantine with active surveillance or in case of fiduciary home stay. The Law Decree no. 41, issued on 22 March 2021, the so-called “Support decree” extended the application of these ad hoc measures until 30 July 2021, also providing additional financial resources.

Content of measure

The Law Decree no. 18 (article no. 26), issued on 17 March 2020, then converted into the Law no. 27, issued on 24 April 2020, introduced specific protections for the so-called “workers in fragile health conditions” in case of quarantine with active surveillance or in case of fiduciary home stay. This category of workers comprises:

• public and private employees displaying a recognised major disability, as according to the Law no. 104, issued on 5 February 1992 (article no. 3, paragraph no. 3);
• public and private employees in possession of a medical documentation certifying a risk condition deriving from immunosuppression, from oncological pathologies or from the performance of related life-saving therapies, as according to the Law no. 104, issued on 5 February 1992 (article no. 3, paragraph no. 1).

To these fragile workers, the period of absence from work prescribed by the competent health authorities due to quarantine with active surveillance or in case of fiduciary home stay has to be treated as equivalent to the absence due to hospitalisation. For these periods, the responsible GP is in charge of drawing up the certificate of illness with the medical details certifying the request for quarantine with active surveillance or permanence fiduciary domiciliary with active surveillance.

The Law Decree no. 41, issued on 22 March 2021, the so-called “Support decree” extended the application of these ad hoc measures until 30 July 2021, also providing additional financial resources.

This measure is relevant given the fact that several National Collective Agreements provide that all the absences due to illness, even if justified by the hospitalisation of the worker, are counted for the grace period, the maximum number of days of absence accepted before the employee is dismissed. The Law Decree no. 41, issued on 22 March 2021, the so-called “Support decree” specified that the periods of absence from work of fragile workers, justified by the need to prevent the risk of contagion from COVID-19, cannot be counted in the grace period.

Use of measure

Information are not available.

Target groups

Workers	Businesses	Citizens
The COVID-19 risk group at the workplace	Does not apply to businesses	Does not apply to citizens

Actors and funding

Actors	Funding
National government Company / Companies Social insurance	National funds

Social partners

Social partners' role in designing the measure and form of involvement:

	Trade unions	Employers' organisations
Role	No involvement	No involvement
Form	Not applicable	Not applicable

Social partners' role in the implementation, monitoring and assessment phase:

• No involvement
• Main level of involvement: N/A

Involvement

The social partners have not been involved in any phase of the implementation or monitoring of the measure.

Views and reactions

The social partners' have not been involved in any phase of the implementation or monitoring of the measure. Nevertheless, given the nature of the measure, we can deemed the trade unions being supportive.

Sources

• 22 March 2021: DECRETO-LEGGE 22 marzo 2021, n. 41 Misure urgenti in materia di sostegno alle imprese e agli operatori economici, di lavoro, salute e servizi territoriali, connesse all'emergenza da COVID-19 (www.gazzettaufficiale.it)