The source of law on paid leave from work is constituted by the framework law for assistance to and social integration and rights of persons with disabilities (Italian Law n. 104/92 as amended by Law n. 53/2000, Law n. 183/2010 and by Legislative Decree N. 119/2011), which in article 33 specifies the support measures granted to workers suffering from severe disability and family members who assist a seriously handicapped person.
The misuse of the leave from work for assisting a relative justifies lawful dismissal because it irremediably damages the fiduciary relationship which is essential for the continuation of the employment relationship.The leave from work, provided for by Law n. 104/92, can be used by employees with serious disabilities, but also by their parents, spouses, relatives or kindred with a second-degree relationship with them, to assist the disabled relative. The facility consists of three days’ leave, every month, to assist the relative with serious disabilities.
Telejnform carries out investigatory activities in order to check the employee and verify if he/she actually uses this leave from work for caring for a relative who needs assistance in a consistent manner and without taking advantage of it.
Telejnform, thanks to its significant previous experience, recommends carrying out at least 3 interventions, in order to demonstrate the recurrence of the misconduct, thus making it more difficult to for the employee and his/her lawyer to challenge the accusation in court.
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