Managing Illness in Domestic Work: Obligations, Rights and Compensation under the CCNL
The article of the National Collective Agreement for Domestic Work concerning illness establishes detailed procedures and rights for workers in case of absence due to illness. Workers are required to promptly notify the employer of their absence, unless due to force majeure, and to provide the medical certificate within specific time frames.
For live-in workers, sending the certificate can be omitted unless explicitly requested. The regulations also provide for job retention for varying periods based on the length of service, with specific extensions for oncological diseases. During these periods, salary is guaranteed at varying percentages depending on the days of illness.
The conventional allowance for board and lodging, in certain conditions, is also considered. These provisions ensure support for domestic workers during illness periods, reflecting a balance between the needs of the ailing worker and the obligations towards the employer.
Art.27 Disease
1. In case of illness, the employee must promptly notify the employer, except in cases of force majeure or objective impediments, before the contractually scheduled start time of their work shift.
2. The employee must subsequently provide the employer with the related medical certificate, issued within a day of the onset of the illness. The certificate, indicating the prognosis of inability to work, must be delivered or sent by registered mail to the employer within two days of its issuance.
3. For live-in workers, sending the medical certificate is not necessary unless expressly requested by the employer. However, live-in workers are obliged to send the medical certificate if the illness occurs during vacation periods or when they are not present at the employer's residence.
4. In case of illness, both live-in and non-live-in workers are entitled to job retention for the following periods:
a) for service length up to 6 months, after the probation period, 10 calendar days;
b) for service length from more than 6 months to 2 years, 45 calendar days;
c) for service length over 2 years, 180 calendar days.
5. The periods related to job retention are calculated on a calendar year basis, meaning a period of 365 days starting from the event.
6. The periods mentioned in paragraph 4 will be increased by 50% in cases of oncology illness, documented by the competent local health authority.
7. During the periods indicated in the previous paragraphs 4 and 6, due to illness, the global actual salary is due for a maximum of 8, 10, 15 cumulative days within the year for the service lengths referred to in letters a), b), and c) of the same paragraph 4, as follows:
- up to the 3rd consecutive day, 50% of the global actual salary;
- from the 4th day onward, 100% of the global actual salary.
8. More favorable local conditions in place remain unaffected, referring to legal regulations concerning live-in workers.
9. The addition of the conventional allowance replacing board and lodging, for personnel who normally benefit from it, is only due if the sick worker is not hospitalized or staying at the employer's domicile.
10. Illness during the probation or notice period suspends their progression.
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Frequently asked questions
In the event of illness, the domestic worker must promptly notify the employer, unless there are acts of God or objective impediments, by the start time of work provided by the contract. Subsequently, they must provide the employer with a medical certificate, issued by the day following the start of the illness, indicating the prognosis of work incapacity. This certificate must be delivered or sent by registered mail within two days of its issuance.
For live-in workers, it is generally not necessary to send the medical certificate unless expressly requested by the employer. However, the obligation to send the certificate exists for live-in workers if the illness occurs during the holidays or in periods when the worker is not present in the employer's residence.
In the event of illness, a domestic worker, whether living-in or living-out, is entitled to job retention for periods that vary depending on seniority: 10 days for seniority up to 6 months (after the probation period), 45 days for seniority from more than 6 months to 2 years, and 180 days for seniority over 2 years. These periods can be increased by 50% in case of oncological illness, documented by the ASL. Furthermore, during these periods, the worker is entitled to a remuneration that varies based on the days of illness: 50% of the salary for the first three days and 100% from the fourth day onwards, with overall limits of 8, 10, 15 days per year depending on seniority.
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