If the law allows 104, if the family member is hospitalized without health care, can it be asked?

I am writing to ask you a question. I take advantage of permit of the law 104 to badist my mother for three years. Now, she has just been admitted into a housing community that does not provide continuous health care. I am informed and it seems that for this reason the days off still belong to me. The employer requires a statement of the structure and the owner of the facility is in agreement. The only thing I wonder is what exactly do you have to declare? Thank you in advance for the answer

Answer

The essential conditions for being able to apply for the permits Act 104/92 to help the family member are:

• certification of the handicap in a serious situation (Article 3 paragraph 3 Law 104/1992)
• is not admitted full-time, which means that hospitalization for all twenty-four hours in hospitals or the like, public and private who provide continuous health care.

With regard to permits circular n. 155 of 3 December 2010 point 3, and the Department of Public Administration with circular no. 13 of 6 December 2010, paragraph 5, let. A., reiterate that full-time housing means that, during the 24 hours, in hospitals or the like, public or private, which provide continuous health care.

Subsequently, the circular Inps n. 32/2012 extends to workers who badist a family member with severe disability hospitalized (not only minor) the possibility of using permits in the case documented by the health of the structure the need for badistance of a parent or family member .

The aspect "continuing health care", indicated in circulars INPS 155/2010 and 13/2010 of the civil service, then resumed later by the two, is not negligible, because it seems want to distinguish between "health care" and "health care"

If deduces that the worker may be granted permits to provide badistance to the family member in the typical residential sector social such as family homes, community housing or nursing homes because they do not provide continuous health care while they can not take advantage of hospitalization cases of the family member to be treated in hospitals or in any case public or private institutions providing continuous health care.

Summing up, in the statement of the structure, to present to the employer, the of a parent or a family member

If you have any questions or worry, contact me: [email protected]

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