Absence from work due to illness of the child: what does it consist of and how to apply?

With the onset of the cold season, it often happens that children get sick. In this case, for those who cannot count on grandmothers and babysitters, the only solution is to be absent from work. So let’s see how and what the rights are for mums and dads in the event of absence from work due to illness of the child.

Absence from work due to illness according to the age of the child

“Leave for the child’s illness” means the optional absence from work of the mother or father due to the child’s illness.

Leave in the event of a child’s illness is granted to both parents who, alternatively, have the option of being absent during each child’s illness for the first eight years of age.

It is important to consider that:

• if the child is no more than three years old , there are no time limits for absences. Therefore each parent has the right to be absent from work, without pay, for the entire duration of the illness;
• if, on the other hand, the child is between three and eight years of age (from the day after the third birthday and up to eight years, including the eighth birthday), each parent has the right to be absent from work, without pay, for a maximum of five working days throughout the year.
• If the child’s illness, which entails hospitalization , coincides with the holiday period of one or both parents, the holidays will be interrupted and the employer will change the title of the parent’s absence from holidays to unpaid leave. paid for the child’s illness.

In the event of leave due to the illness of the child, the rules on the obligation to comply with the hours of availability foreseen for the illness of the worker do not apply, nor do controls on the effective state of illness of the child. In fact, (Cassation – Judgment 2953/1997), the notion of illness of the child includes not only the acute phase of pathological alteration, but also that of convalescence.

The right to be absent for the child’s illness belongs to the mother or father even if the other parent does not have the right to do so because, for example, he is not an employee.

Absence from work due to illness in case of adoptions and foster care

Adoptive/custodial parents have the right to be absent from work, alternatively:

• for the periods corresponding to the illnesses of each child aged six years or less;
• for five working days a year, for the illnesses of each child up to eight years of age.

If, at the time of adoption or assignment, the minor is between six and twelve years of age, the right to abstain from work (maximum 5 days a year) can be exercised in the first three years from entry of the child into the family unit.

Economic treatment in case of absence from work due to illness of the child

During these periods of leave, the parent is not entitled to any company salary or allowance paid by INPS. Unless the collective agreement of the category, applied by the employer, provides for more favorable conditions. Therefore, workers on sick leave for their child are considered justified but unpaid absences.

From the point of view of company seniority, the periods of leave for the child’s illness are counted and considered cumulatively, however the effects relating to holidays and the thirteenth/fourteenth month are excluded, which therefore do not accrue.

At the social security level, for the periods of leave due to illness of the child, the figurative contribution is envisaged up to the completion of the third year of the child’s life and, after the third year of the child’s life and up to the completion of the eighth year, coverage is due contributory.

How to apply for time off work due to a child’s illness

In order to use these permits, the parent must present the following documentation to their employer :

1. the child’s illness certificate issued by the paediatrician or a specialist doctor of the National Health Service or an agreement with it containing the general information of the minor as well as the general information and tax code of the parent taking advantage of the leave;
2. a self-certification in which the beneficiary of the leave declares that the other parent is not on leave from work for the same reason and on the same days.

The presentation of the documentation is currently on paper, but the issuing of a special ministerial decree is awaited (which should have been issued again by 06/30/2013) to switch to telematic methods.

Once the new procedures are in force, the certification of illness necessary for the parent to take advantage of the leave for the illness of the child is sent directly by the attending physician of the NHS or with whom he has an agreement who treats the minor to INPS electronically. In turn, the INPS institute will then forward it to the employer concerned.

With the telematic methods (not yet in force) the employee will communicate directly to the doctor, when completing the medical certificate, his/her data and the situation of the other parent, in order to take advantage of the sick leave of the child with elimination of the self-certification obligation.