There are those who work, work, work, and then, when the holidays finally arrive, they have the misfortune of to get sick. A bad flu, a small domestic accident, those annoying mumps you didn’t get when you were little; it happens, unfortunately even when we are in vacation. Here, but from a legal point of view, if we are employees, What happen? That is, what are we entitled to and what should we do in practice? We asked the labor lawyer Alessia Bellini.
WHAT THE END OF OUR HOLIDAY DAYS
Yes, ok we are sick and we have to think about recovering.
But, what the hell, those days of vacation we dreamed of them for months and now we have to spend them in bed. Are they then permanently lost? «Holidays have the purpose of allowing the worker to rest, restore their psychophysical energies and devote themselves to recreational activities; for this reason, in the event that a morbid state occurs during their use, in general, the holidays are interrupted ».
The first point, therefore, should make us happy: getting sick on vacation, in general, does not mean a waste of days of vacation. There are, however, as always, exceptions. “This is not an absolute principle because in some cases the morbid state may not be incompatible with the purpose for which the holidays tend and therefore you will not have the suspensive effect of the same “. In short, it also depends on the type of accident / pathology that determines the state of illness.
From a practical point of view, the count of vacation days therefore undergoes a recalculation if the illness really affects your vacation. «The days that are counted as illness will be compensated with the treatment foreseen for this hypothesis e the “lost” vacation days will be used at a later time, thus returning to the availability of the worker, reintegrating the individual vacation amount ». Attention, this mechanism is activated even if the days when you feel bad fall into the “days of collective closure of the company”.
WHAT TO DO IN PRACTICE TO «SUSPEND» THE HOLIDAY PERIOD
Okay, you’re sick, but that’s not enough to prove you’re not enjoying your well-deserved vacation. “The interruption is obviously not automatic: it is in fact necessary to promptly communicate to the employer the change in the justifying reason for the absence, thus passing from vacation to sickness »continues Bellini. “The communication of the disease must take place in the same manner that is ordinarily adopted during periods of service”.
The traditional is also needed in these cases medical certificate, which you cannot get on your return from holidays but must be sent immediately. «The employer will be able to change the reason for the absence only when he becomes aware of the medical certificate (or rather, the protocol number assigned to this document being issued). This means that if the worker is late in obtaining the certificate and subsequently forwarding it to the employer, the period of illness will not start from the onset of the disease, but only from the next one of knowledge by the employer».
CONTROLS & CO: HOW TO BEHAVIOR
Finally, there are other small practical questions regarding this unfortunate occurrence. For example, do we have to go home if we get sick? This would also affect the holidays of our family members, but if an INPS check passes, for example, where should we be found? And when can this control take place and who requires it?
You can find the answers by clicking on the button gallery at the beginning of the article.
(Photo: unsplash.com).
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